Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is a user who is engaged in the business of manufacturing communications equipment by using four full-time workers as the representative director of Geumcheon-gu Seoul Metropolitan Government Building 1105.

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

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

Nevertheless, the defendant stated in the facts charged on April 1, 2008 in the above workplace as of May 1, 2008, but seems to be a clear clerical error.

From March 31, 2012 to March 31, 2012, E did not pay KRW 43,277,810 in total for the same working period from the date of retirement to 14 days from the date of retirement without an agreement between the parties on the extension of the payment period.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

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

Nevertheless, the defendant did not pay 1,316,880 won of E's retirement allowance from April 1, 2008 to March 31, 2012 at the above workplace without agreement between the parties on the extension of the payment period between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A complaint;

1. Application of Acts and subordinate statutes to data submitted by a complainant;

1. Relevant Article of the Act on Criminal Facts, Articles 109(1) and 36 of the Act on the Standards for Selective Labor, Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (which shall not be paid for retirement);

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. The order of provisional payment;