Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

The defendant is an actual manager of D Co., Ltd., Ltd., Ltd., a company located in Dongbcheon-si, who operates a service company using 13 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.

Nevertheless, the Defendant did not pay the total of KRW 11,965,400 for nine workers within 14 days from the date of each retirement, even though there was no agreement between the parties on the extension of the payment deadline, as stated in paragraphs 2 through 10 of the attached Table of Crimes, including the payment of KRW 1,272,290 of the F’s wage in June 2016, which was worked at the above workplace from March 7, 2016 to June 30, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each relevant statute;

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

1. Selection of an alternative fine for punishment;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances, such as the provision of substitute payment to the victims of reasons for sentencing under Article 334(1) of the Criminal Procedure Act, shall be taken into account.

Rejection of Public Prosecution

1. Summary of the facts charged

(a) When a worker dies or retires from office, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the due date for payment;

Nevertheless, the Defendant did not pay KRW C’s wage of 1,537,230 in June 2016 at the same place of business from October 9, 2014 to June 30, 2016, within 14 days from the date of retirement.

(b) An employer who violates the Guarantee of Retirement Benefits of Workers, if a worker retires;