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

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

Punishment of the crime

The defendant is the representative of D(State) in Jung-gu Seoul Metropolitan Government 306, who runs the service business using 400 full-time workers.

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

Nevertheless, the Defendant is working in E Apartment from November 1, 2010 to October 31, 2012.

A retired F’s overtime allowance of KRW 3,92,152, and annual paid leave allowance of KRW 370,317,000,000,000 were not paid 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.

2. An employer who violates the Act on the Guarantee of Retirement Benefits for Workers shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant is working in E Apartment from November 1, 2010 to October 31, 2012.

The retirement allowance of retired FF was not paid KRW 1,232,608 within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the statement prepared by the special judicial police officer in F;

1. Article 109 (1) and Article 36 of the Labor Standards Act regarding criminal facts, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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;