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

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

Punishment of the crime

The defendant is a corporation representative director in the third floor of Gangnam-gu Seoul Metropolitan Government, who runs a service business using five full-time workers.

1. Where a worker dies or retires, the employer violating the Labor Standards Act shall pay him/her wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant is working from February 12, 2014 to May 31, 2014 at the above workplace.

In April 2014, 12,727,872 won in total for four retired workers, including the wage of 1.160,000 won in April 201, were not paid within 14 days from each retirement date without any agreement between the parties on the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits shall, if a worker retires, pay the retirement allowance within 14 days after the ground for such payment occurred;

Nevertheless, the Defendant is working from December 28, 2012 to May 20, 2014 at the above workplace.

The retirement allowance of retired workers E, including 2,425,564 won, was not paid 7,870,577 won in total for three retired workers as shown in the attached list of crimes, within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D, E, F, and G, D, F, and G;

1. Application of Acts and subordinate statutes to employment contracts, trade details inquiry, each retirement allowance calculation statement, and certificates of deposit transaction records;

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

1. The Criminal Act for the detention of a workhouse;