1. The defendant shall be punished by a fine not exceeding 1.5 million won;

2. If the defendant does not pay the above fine, 10,000 won.

Punishment of the crime

The defendant is the representative of C in Daegu North-gu, who is an employer who runs a manufacturing business with seven regular workers.

1. Where a worker dies or retires, an employer who is not paid wages 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.

The Defendant worked in the above C from January 1, 2012 to June 30, 2015, and was retired from office on March 3, 2015, and did not pay KRW 3,195,750 in total, as stated in the attached Table No. 1, as well as KRW 54,800, as indicated in the attached Table No. 1, the date of the payment between the parties concerned, within 14 days from the date of retirement.

2. Where a worker retires, the unpaid employer shall pay the retirement allowance within 14 days from the date when the grounds for such payment occurred.

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

The Defendant, while serving as described in the preceding paragraph, did not pay KRW 6,129,600 of D retirement pay, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Business registration certificate;

1. Application of the Acts and subordinate statutes to the calculation statement of retirement allowances (Evidence 22 pages);

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (Punishment on a violation of the Labor Standards Act heavier than the ordinary concurrent crimes);

1. Selection of an alternative fine for punishment;

1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act for attracting workers shall be paid in total of KRW 42 million to four workers.