Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

The defendant is the representative of a G convalescent Hospital in Gyeyang-gu Incheon, who is an employer who runs public health business (convalescent) using 16 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

1. Nevertheless, despite the violation of the Labor Standards Act, the Defendant did not pay 22,029,923 won, including the wages of eight retired workers, annual allowances, annual allowances, annual settled refunds of 22,029,923 won, from the date of each retirement, within 14 days from the date of each retirement, without agreement between the parties to the extension of the payment period, as well as 1,671,989 won, which was paid in March 2016 by H, retired from the said workplace as a nurse from November 9, 2015 to March 21, 2016.

2. Nevertheless, despite the violation of the Guarantee of Retirement Benefits for Workers, the Defendant: (a) worked in the said workplace as an assistant nurse for nursing from February 24, 2015 to April 15, 2016; and (b) did not pay KRW 1,564,497 of the first retirement allowance of the retired employee I within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of respective laws and regulations of J, K, H, I, L, M, N, andO

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, 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 Competition;

1. Selection of each alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged shall be wages at least once a month.