Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The defendant is the representative of the Geumcheon-gu Seoul Metropolitan Government Committee for the Settlement of Disputes, who is a user who runs a manufacturing business using ten full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 had worked from July 5, 2016 to April 6, 2018 at the same workplace and had not paid the total amount of KRW 9,062,395, as shown in the list of crimes in the attached Table of G, which was retired, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay the retirement amount of KRW 7,338,954 from July 5, 2016 to April 6, 2018 at the same place of business and did not pay the retirement amount of KRW 7,338,954 within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning each written appeal, each statement of overdue wages and retirement allowances, each statement of payment of wages and retirement allowances, and details of payment of money and valuables;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of which payment of retirement allowances is not made);

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of this part of the facts charged (B, C) shall be Geumcheon-gu Seoul Metropolitan Government D, E.