Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The Defendant, as the representative of Pyeongtaek-si E and F Co., Ltd. (hereinafter referred to as “F”), is an employer who runs a manufacturing business using 74 and 40 full-time workers, respectively.

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 fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant had worked in F workplace from December 11, 2015 to July 28, 2017, and had retired C’s wage of KRW 1,973,350 on July 7, 2017, without any agreement between the parties on the extension of payment deadline, respectively, within 14 days from the date of retirement.

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

Nevertheless, the Defendant did not pay KRW 1,970,784 of the retirement allowances of C who worked and retired as set forth in paragraph 1 within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of statutes to the settlement of average wages and retirement allowances (239 pages);

1. Relevant Article of the Act on Criminal Facts, Articles 109(1) and 36 of the Act on the Standards for Selective Labor, Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (which shall not be paid for retirement);

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. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. Summary of the facts charged

A. The Defendant in violation of the Labor Standards Act is working in the workplace from September 1, 2016 to August 31, 2017 and retires from the workplace on August 1, 2017, 819,800 won of G’s retirement, 1,01,00 won of bonus of June 6, 2017, and 943,60 won of annual salary of 2017, and written in the list of crimes (No. 22 per annum).