Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a corporate representative director Co., Ltd. in Seoul Special Metropolitan City, B 714, who is in charge of business management of the above company.

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

The Defendant did not pay the total amount of KRW 5,079,571, retirement allowance 2,153,140 to July 2016, 2016, within 14 days after his/her retirement without any agreement between the parties on the extension of the payment deadline between the parties, as his/her retired worker D, working from the said workplace from May 25, 2016 to July 14, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; Article 44 subparag. 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 Commercial Competition;

1. Selection of punishment: Fine;

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

1. Article 62(1) of the Criminal Act suspended execution (see, e.g., Supreme Court Decision 62(1)1 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 17, 2017).

1. The community service order under Article 62-2 of the Criminal Act;