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 representative of Textiles Processing Business Co, Ltd. in Gyeonggi-si, and is an employer who runs the above company by using three full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless there exists an agreement on the extension of the due date for payment;

Nevertheless, the Defendant, from May 1, 2010 to October 19, 2015, did not pay 21,25,30 won in total of wages of D and E from May 2015 to 14 days from the date of retirement without an agreement between the parties on the extension of payment deadline, as shown in the list of crimes in attached Form D, in addition to the failure to pay wages of 1,596,070 won in May 2015.

2. When a worker dies or retires, the employer who violates the Guarantee of Retirement Benefits for the worker shall pay the worker a retirement allowance within fourteen days after the cause for such payment occurred, unless there exists an agreement on extension of the due date for payment.

Nevertheless, the Defendant, from May 1, 2010 to October 19, 2015, did not pay KRW 5,772,675 of D retirement pay, which was retired from employment in the above C, and did not pay KRW 9,81,685 in total for employees D and E’s retirement pay as stated in the attached crime list, without any agreement on the extension of payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A fact-finding certificate;

1. A written calculation of average wages and retirement allowances;

1. Application of Acts and subordinate statutes to the wage ledger;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, as well as subparagraphs 1 and 9 of Article 44 of the Guarantee of Retirement Benefits for each worker;

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.