Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant is the representative of the “C” in the third floor of the building in Seoul Special Metropolitan City, Gwanak-gu, who ordinarily employs 10 workers and operates software development business.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay the sum of D’s wages of KRW 1,140,00,00, which were retired from his/her workplace from May 29, 2012 to December 7, 2015, including KRW 2,640,00 on August 8, 2015, as well as KRW 2,640,00 on September 2015, as well as KRW 2,640,00 on October 2015, as well as KRW 2,640,00 on November 20, 2015, as well as KRW 510,960 on December 7, 2015, within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

2. Where an employer who violates the Guarantee of Retirement Benefits of Workers has unpaid contributions to a defined contribution-based retirement pension plan, the employer shall pay the contributions and interest accrued therefrom within 14 days from the date such reason arises if he/she has unpaid contributions to such participant;

Nevertheless, the Defendant did not pay KRW 5,41,807 in total, including KRW 1,943,610 in 2014, KRW 2,737,580 in 2015, and interest on delay in 2014, KRW 395,525 in 2014, KRW 335,092 in 2015, within 14 days from the date of retirement without agreement between the parties on the extension of payment period.

Summary of Evidence

1. The defendant's legal statement (the third public trial date);

1. Statement made by the police against D;

1. Written statements of D;

1. Inquiry into the results of payment of retirement pension contributions, inquiry into the list of participants, the management of information, and the payment of contributions, submission of data on the petition, submission of the rules and reports on retirement pension plans during the final period, and application of the amended report,

1. Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, and wages for retirement of workers;