Defendant shall be punished by a fine of KRW 800,000.

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

Punishment of the crime

The defendant is an employer who is the representative director of C (ju) who runs transportation business by ordinarily employing 185 workers in Kimhae-si B, and is an employer.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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 did not pay KRW 4,869,149 in total, including KRW 1,174,00 in difference between the annual allowances of D retired from the said workplace and KRW 3,695,149 in total, as of April 2, 2006 to April 13, 2016, within 14 days from the date on which the cause of the occurrence of the payment occurred, without any agreement on extension of the payment date between the parties.

Summary of Evidence

1. Legal statement of the witness D;

1. Each police statement made to D or E;

1. A complaint and a petition;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act (which shall not be paid for annual allowances) of the relevant Act on criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;