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 the representative director of Gangseo-gu Seoul Metropolitan Government D, who is a company in subparagraph c of the building B, and is an employer who ordinarily employs 20 workers and conducts aviation operation and maintenance education.

When a worker retires, the employer shall pay the wages, retirement allowances, and 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.

Nevertheless, the Defendant is working in the above workplace from October 15, 2009 to January 31, 2019, as stated in attached Table 2(2) E.

The retired E’s wages of 24,453,040 won and retirement allowances of 29,724,934 won and total of 54,177,974 won were not paid within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to a petition, a written statement (E), a confirmation of delayed payment of wages (E), a retirement allowance statement (E), a certificate of employment (E), a labor contract statement (E), and a written statement (E);

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts, Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are unpaid);

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. Although the amount of wages and retirement allowances that the defendant did not pay for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is reasonable, the defendant paid wages to E after the statutory payment period expires, there are other circumstances to consider the circumstances leading to the crime in this case, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime in this case, and all of the sentencing conditions specified in the records and arguments shall be determined as ordered by the order, comprehensively taking into account the following factors.