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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant, as the representative of Daegu Suwon-gu C, is an employer who runs a general restaurant business using six full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

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

Even so, the Defendant did not pay the total of KRW 17.4 million for six workers within 14 days from the date of retirement, as shown in the daily list of crimes attached hereto, as well as the wage of KRW 2.4 million for workers D who were employed in the above workplace on May 1, 2015.

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

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

However, the Defendant did not pay the total of KRW 13,475,00 of the retirement allowances of 4 employees, as shown in the list of crimes in the attached Form, as well as KRW 2,700,00,00 of the retirement allowances of 2,70,000, retired workers D, who were employed until May 1, 2015 at the above workplace, within 14 days from the date of retirement without any agreement on the extension of the payment deadline

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the petitioner to D;

1. A written petition;

1. Application of statutes, such as a letter;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (limited to a violation of each Labor Standards Act for Workers D, E, F, and G, and a violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each alternative fine for punishment;