A defendant shall be punished by a fine of 500,000 won.

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 the representative of the medical corporation C located in Gangnam-si, and is the employer who runs the medical business using 40 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 did not pay KRW 3,871,806 ( KRW 520,571, Sept. 1, 2014; KRW 1,287,723, Nov. 1, 2014; KRW 1,287,723; KRW 76,089, Dec. 7, 2014; KRW 4,560,791, supra, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned.

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 1,983,437 of retirement allowances of workers D who worked from around August 19, 2013 to December 19, 2014 at the said workplace within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning fact-finding certificates, salaries and statements of accounts of retirement allowances, and certificates of registry matters;

1. Relevant Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.