Defendant shall be punished by a fine not exceeding six million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

The defendant is the representative of Geumcheon-gu Seoul Metropolitan Government C, who is engaged in the clothing manufacturing business by employing ten full-time workers.

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

Nevertheless, the Defendant had worked from April 1, 2013 to April 30, 2014 at the above workplace, and had not paid the total of KRW 35,487,690 as indicated in the separate crime list, including the total of KRW 3,80,000 in March 2014 and the total of KRW 3,60,000 in April 2014.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant had worked from April 1, 2013 to April 30, 2014 at the above workplace and had not paid 8,893,820 won, including 2,831,460 won of retirement allowances of retired workers D, within 14 days from the date of retirement without agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation of the accused;

1. Application of each of the relevant Acts and subordinate statutes;

1. Article 109 (1) or 36 of the Labor Standards Act (the fact that money or goods are not liquidated) concerning criminal facts, Article 44 subparagraph 1 or Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that retirement allowances are not paid);

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act among the crimes provided for in the attached Tables 2, 10, and 17 and the crimes provided for in the Guarantee of Workers' Retirement Benefits Act;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;