Defendant shall be punished by a fine of 800,000 won. If the Defendant does not pay the above fine, 100.

Punishment of the crime

The defendant is a representative in Dongdaemun-gu Seoul Metropolitan Government C, who ordinarily employs five workers and operates a manufacturing business of subsidiary materials.

1. An employer violating the Labor Standards Act shall, if a worker retires, pay all money and valuables, such as wages, within fourteen days from the date of retirement unless the parties concerned have agreed on the extension of the due date;

Nevertheless, the Defendant worked in the above workplace from June 14, 2009 to December 31, 2013, and did not pay KRW 167,741 of the wage balance of retired workers D on December 12, 2013 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties on the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act retires, shall pay a retirement allowance within 14 days from the date of retirement, unless otherwise agreed by the parties concerned about the extension of the payment period.

Nevertheless, the Defendant worked in the above workplace from June 14, 2009 to December 31, 2013, and did not pay KRW 5,996,720 of retirement allowances of retired workers D within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to details of transactions in passbook, average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;