Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

The defendant is the C representative director of Gangnam-gu Seoul Metropolitan Government, who is a full-time worker and operates an advertising agency business using 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 is working from March 1, 2010 to May 31, 2013 at the above workplace.

D's wages of 2,232,810 won on April 4, 2013, as well as wages of 2,232,810 won, were not paid to two retired workers within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date, as described in the attached list of crimes.

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 is working in the above workplace.

The retirement allowance of retired workers E, including KRW 13,381,00, did not pay 27,436,000 each of the retirement allowances to three retired workers within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date, as shown in the list of offenses.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F, D, and G;

1. A written calculation of average wages and retirement allowances, certificate of employment, business registration certificate, and certified transcript of register;

1. Application of each relevant statute;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Selection of each alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.