Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the representative of Gyeonggi-gun B, who is a manufacturing company using four full-time workers.

1. When a worker dies or retires from office, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the period of payment;

Nevertheless, the Defendant did not pay the wages of KRW 10,544,538 in September 2016, 2016, KRW 2,000,000 in November 2016, KRW 2,500,000 in December 2016, and KRW 2,500,000 in December 2016, and KRW 2,50,50,000 in January 2, 2017, even though there was no agreement between the parties on the extension of the payment date, even though the parties did not agree on the extension of the payment date.

2. When a worker in violation of the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the worker a retirement allowance within 14 days from the date of such retirement, unless otherwise agreed on the extension of the payment period;

Nevertheless, the Defendant did not pay KRW 6,541,393 of D retirement pay, which was retired from the said workplace from March 23, 2014 to January 31, 2017, within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the statement of average wages and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (not being paid of retirement allowances);

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

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;