Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

[2017 Highest 197] The Defendant is a representative of the Dental Medical Center in Daejeon Tae-gu, Daejeon, who runs social welfare business by employing ten full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay wages of KRW 2,587,170 and retirement allowances of KRW 2,180,430 from March 24, 2015 to December 1, 2016 to E, and KRW 4,219,460, retirement allowances and KRW 1,512,150 from December 7, 2015 to February 12, 2017 to F, who were retired from office, without any agreement on the extension of the payment date between the parties.

[2017 Highest 3306] The Defendant was an employer operating a D convalescent hospital located in Daejeon-gu Daejeon, Daejeon, and was employed in the said workplace from May 31, 2016 to April 28, 2017 and did not pay KRW 4,04,520 within 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

[2017 Highest 1977]

1. Statement by the defendant in court;

1. Each E and F statement (2017 senior group 3306);

1. Statement by the defendant in court;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (including the payment of unpaid wages);

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

1. Selection of each 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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.