A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

The defendant is a user who runs software development business using seven full-time workers as the C representative director of Mapo-gu Seoul Metropolitan Government Co., Ltd. 502.

1. Where a worker dies or retires, the employer violating the Labor Standards Act shall pay him/her wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant is working from March 4, 2013 to April 11, 2014 at the above workplace.

D's total amount of KRW 6,404,338 of the wages of January 2014, including KRW 1,374,870, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits shall, if a worker retires, pay the retirement allowance within 14 days after the ground for such payment occurred;

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

Nevertheless, the Defendant is working from March 4, 2013 to April 11, 2014 at the above workplace.

3,235,895 of retirement allowances of retired D was not paid respectively within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written statement of D (including details of deposit transactions attached thereto);

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 an alternative fine for punishment;

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 of the provisional payment order;