Defendant shall be punished by a fine of 1.5 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Punishment of the crime

The defendant is a person in charge of the business management of the D Co., Ltd. in Gangseo-gu Seoul Metropolitan Government Btel C, who runs a construction business by employing five full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant, at the foregoing workplace from August 5, 2016 to June 23, 2017, did not pay an aggregate of KRW 4,000,000, including KRW 2,000,000,00 for May 2, 2017, and the amount of KRW 2,000,000 for June 2, 2017, as indicated in the attached list, within 14 days from the date on which the cause for payment occurred, without an agreement between the parties to the extension of the payment date.

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

Nevertheless, the Defendant did not pay KRW 5,149,940 of F retirement pay from June 30, 2014 to December 31, 2017 at the same place of business without agreement between the parties to the extension of the due date within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A copy of the E/F;

1. The police statement concerning F;

1. Details of confirmation of fact, such as telephone;

1. Statement of daily labor expenses and written confirmation of facts, relevant data (transfer details, etc.), employment contracts, wage passbook transactions, details of transactions, average wages and retirement allowances, and overdue wages;

(e) Business owner certificates (E), overdue wages;

(G) Application of the Business Operator Certificate Act

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, the choice of punishment, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, the selection of fines;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.