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

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

Punishment of the crime

The defendant is the representative director of Guro-gu Seoul Metropolitan Government and 310, who is a user who operates software manufacturing business using 15 full-time workers.

(a) 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;

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

Nevertheless, the Defendant did not pay 10,163,146 won, including the sum of D’s 1,99,776 won in May 2, 2015, the monthly wage of 3,99,776 won in June, 2015, and the monthly wage of 4,163,146 won in July, 2015, within 14 days from the date of retirement, without any aggregate, for the extension of the payment period between the parties.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

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

Nevertheless, the Defendant did not pay KRW 11,700,356 of D's retirement allowances from the above workplace to July 22, 2015 without an agreement between the parties on the extension of the payment deadline, within 14 days from the date of retirement where the cause for payment occurred.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Article 109(1) and Article 36 of the Labor Standards Act for Criminal Facts (a violation of the duty to liquidate money or goods), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of the duty to liquidate money or goods);

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

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;