Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is a business owner who employs one full-time worker as the representative C in Changwon-si, Masan-si, who is a member of the Changwon-si, and runs the steel-structure painting business.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all 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 the total amount of KRW 11,205,00,000 as well as KRW 7,620,000,00,000, which was retired from the said workplace as an assistance with painting, from March 28, 2013 to June 16, 2017, as well as KRW 2,60,000,00 for the portion paid on April 2, 2017, as well as KRW 1,820,00 for the portion paid on May 2017, and KRW 7,620,00 for the portion paid on June 20, 2017.

(b) Where an employee retires, an employer shall pay a retirement allowance 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 the retirement allowance of KRW 11,403,907, which was retired from the said workplace with painting assistance from March 28, 2013 to June 16, 2017, within 14 days from the date of retirement without any agreement on the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and D;

1. A written calculation of average retirement pay;

1. Application of each relevant statute;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 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. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.