Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is a user who is a representative director of the K-gu Seoul Metropolitan Government G Building H and employs six full-time workers and engages in software development business.

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, and where the worker retires, the employer shall pay the worker a retirement allowance within 14 days after the cause for such payment occurred.

The Defendant, while working in the foregoing workplace from June 7, 2015 to September 1, 2017, did not pay KRW 8,000,000 for retired workers, and KRW 4,834,91 for retirement allowances, 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. The authenticity and written statement of the J;

1. Application of the detailed statement of benefits and the statutes governing the calculation of retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on Criminal Facts, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (which shall not be paid for retirement);

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

1. Selection of an alternative fine for punishment;

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 this part of the facts charged is that the Defendant, as the employer of the company listed in the facts charged in the judgment, did not pay each of the wages and retirement allowances listed in the same crime list within 14 days from the date of retirement without the agreement between the parties on the extension of the payment deadline, even though the grounds for the payment of wages or retirement allowances to workers B, C, D, E, and F, as shown in the list of offenses

2. Determination

(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. Five workers, including workers B, C, D, E, and F, as indicated in the attached list of crimes committed on February 28, 2018, after the instant indictment was instituted.