Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

The defendant is the representative of Dong-si B and Dong-dong D, who is a user who runs gold-type manufacturing business using five full-time workers.

1. When a worker retires, the employer in violation of the Labor Standards Act 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 worked from February 15, 2016 to March 31, 2019, and did not pay 10,833,300 won, including 3,33,300 won in August 1, 2019 of E, retired from September 1, 2019, as stated in the attached crime list, within 14 days from each retirement date, without any agreement on extension of the due date between the parties.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant served from May 1, 2013 to April 15, 2019, and did not pay KRW 44,303,657 in total, including KRW 18,179,808, retired on April 16, 2019, within 14 days from each retirement date, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police about E (representative);

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. Selection of each 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 provides that a provisional payment order shall be issued.