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

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

Punishment of the crime

The defendant is the representative director of the tenant's association of Busan Seo-gu Seoul apartment, who has been engaged in the operation of resident sports facilities and apartment management service by using two full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 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 did not pay KRW 3,924,080 in total and KRW 2,431,687 in total as retirement allowances and KRW 6,355,767 in total from October 1, 2015 to April 29, 2017 to retired workers D, who performed the management, etc. of residents' sports facilities in the above C apartment from October 1, 2015 to April 2017, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline between them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on the calculation of average wages and retirement allowances, and details of non-payment of weekly paid leave allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act (which shall not be paid for weekly leave 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 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;