Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is the representative of the D Hospital located in Busan Nam-gu C, and is an employer who employs 30 full-time workers and operates the medical business.

1. The Defendant violated the Labor Standards Act: (a) from January 2, 2007 to December 18, 2009; and (b) from September 27, 2010 to March 13, 2012, the Defendant worked in the said company for the employee E, and did not pay KRW 5,213,30,00,000 for annual paid leave payment for the employee E from December 11, 2006 to February 19, 2012, within 14 days from the date of retirement without an agreement between the parties on the extension of payment period.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay 7,779,860 won of retirement allowance to the above E, and 9,775,730 won of retirement allowance to the above F, within 14 days from the date of retirement without any agreement between the parties on extension of the payment period.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed by the Act on the Guarantee of Workers' Retirement Benefits, whichever the circumstances are heavier);

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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