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

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

Punishment of the crime

The defendant is a C representative of building B (B06) in the Nam-gu Incheon Metropolitan City, who runs a convenience store by using one full-time worker.

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

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

Nevertheless, the Defendant did not pay D wages of 2,014,680 won (270,420 won, 268,100 won, 268,100 won, 279,700 won, 269,480 won, 269,480 won, 274,120 won, 652,860 won, 652,860 won, from August 1, 2009 to June 15, 2015) within 14 days after retirement without agreement on the extension of payment deadline.

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

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

Nevertheless, the Defendant did not pay KRW 4,124,950 of D retirement pay, which was worked from August 1, 2009 to June 15, 2015 at the above workplace, within 14 days after retirement without an agreement on extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

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 Guarantee of Workers' Retirement Benefits Act (not being paid of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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