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 actual management owner of D Co., Ltd., located in 106 located in Busan Young-gu Seoul Metropolitan City Co., Ltd., and is engaged in construction business by using five full-time workers.

An employer shall, when a worker retires, pay his/her retirement allowance within 14 days from the date on which the cause for such payment occurred.

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

Defendant, at the site of the construction of a new living facility in the vicinity of the area of Busan Seo-gu Emi-gu, Busan, 2016 through October 24, 2016, the Defendant, as stated in the statement on the details of the payment in arrears by each individual, did not pay KRW 23,63,427 in total for five workers within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the payment, as stated in the statement on the details of payment in arrears by each individual, including KRW 2,965,325, which was retired from office.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written petition;

1. To apply the detailed statement of the amount of money and valuables in arrears and the detailed statement of daily labor costs to individuals;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting a crime;

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. Articles 70 and 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;