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

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

Punishment of the crime

The defendant is a user who operates a general restaurant business with five full-time workers in Jeonju-si C representative in Jeonju-si B.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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 is working from December 10, 2010 to September 22, 2015 at the above workplace.

D's wage of KRW 1,030,000 on September 2015 was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties if special circumstances exist.

Nevertheless, the Defendant is working from December 10, 2010 to September 22, 2015 at the above workplace.

The retirement allowance of 5,270,000 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A written petition;

1. Application of Acts and subordinate statutes of each investigation report;

1. Fact-finding that the relevant legal provisions apply to the payment of wages: Article 109(1) and Article 36 of the Labor Standards Act that does not pay retirement allowances: Subparagraph 1 of Article 44 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;

1. Commercial concurrence (Punishment imposed on a person who violates the Guarantee of Workers' Retirement Benefits Act with heavy penalty), Articles 40 and 50 of the Criminal Act;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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