Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The defendant is a DNA representative who operates a web exhibition business using four regular workers at the location of Gwangju North-gu C.

1. When an employee retires under Articles 109 and 36 of the Labor Standards Act, the employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement, unless the parties have agreed to extend the due date for payment of money and valuables;

Nevertheless, the Defendant worked in the said workplace from June 10, 2013 to July 26, 2013, and retired from the said workplace, and did not pay 3,060,000 won for E’s wages from August 13, 2012 to August 23, 2013, and paid 7,210,000 won for retired F’s wages from August 13, 2012 to August 23, 2013 within 14 days from each date of retirement, without any agreement on extension of the due date between the parties.

2. Where an employee retires under Articles 44 and 9 of the Guarantee of Workers' Retirement Benefits Act, the employer shall pay him/her a retirement allowance within 14 days from the date of his/her retirement unless the parties have agreed to extend the due date for payment of money

Nevertheless, the Defendant worked from August 13, 2012 to August 23, 2013 at the above workplace and did not pay the F's retirement allowance of KRW 954,780 within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and E;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and 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 each 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. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;