Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The defendant is the representative of the limited partnership company D located in Chuncheon City, and is an employer who runs a facility and cleaning service business using at least seven regular workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, while working in the F Hospital located in Gangwon-gun E from January 1, 2012 to December 31, 2012, was retired, did not pay KRW 23,313,041 in total amount of seven retired workers within 14 days after retirement without an agreement between the parties on the extension of the due date for payment, as shown in the attached Table 1, including KRW 1,570,29 in October 2012, and the wage 1,570,279 in November 2012, and annual unused allowance 901,605 in November 2012.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant is working from January 1, 2012 to December 31, 2012 at the above workplace.

The retirement allowance of retired workers, including KRW 1,540,360, did not pay the total amount of KRW 8,883,920 for the total amount of seven retirement allowances of employees within 14 days after retirement without an agreement on extension of the due date between the parties concerned, as shown in attached Table 2.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition and a written statement of H;

1. Application of statutes to delegations, business registration certificates, and employment contracts;

1. Article 44 subparagraph 1 of the relevant Act on the Guarantee of Workers' Retirement Benefits and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits and Articles 109 (1) and 36 of each Labor Standards Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.