Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is a third representative director in the Incheon Nam-gu, who is a company director in charge of the event agency business with five regular workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant had worked from April 20, 200 to February 28, 2013 at the above workplace and had retired workers D's wages of 1,824,260 won in August 2012 as well as 13,038,230 won in total, such as wages, etc., as shown in the list of crimes in the attached Table, did not pay them within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date for payment.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant worked in the above workplace from April 20, 2009 to February 28, 2013, and did not pay 7,504,470 won of retirement allowances to D workers retired from office within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A petition, an instruction for correction of violations of labor-related Acts and subordinate statutes, and the application of said Acts and subordinate statutes;

1. Article 109 (1) and Article 36 of the Labor Standards Act related to criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement allowances);

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 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;