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

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

Punishment of the crime

The defendant is the representative of the E Foundation F located in Busan Dong-gu, which employs 12 full-time workers and operates a health business.

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

Nevertheless, the Defendant served as a caregiver from January 1, 2013 to September 5, 2013, and is again serving as a caregiver from October 21, 2013 to January 6, 2014.

The amount of KRW 1,156,930, total amount of KRW 765,330 and annual leave allowances of KRW 391,60,00 for retired workers, and KRW 385,210, annual leave allowances of KRW 625,50,500 for retired workers and worked as caregiver from January 1, 2013 to January 6, 2014, did not pay KRW 2,598,701, total amount of KRW 2,598,701 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. Partial statement of the defendant;

1. The recording of statements by witnesses G in the fourth trial record;

1. Legal statement of the witness H;

1. Partial statement of a witness I;

1. Employment insurance history inquiry, details of financial transactions, labor contract, end-of-date, fact-finding certificate, work site, statement of wages, each wage payment evidence (G, October 2013, and November 2013, 2013), employment contract (H), wage statement (H, and salary statement), each salary statement (H, April 4, 2013, May 5, 2013), deposit data (G, January 1, 2014, work records (G), work records (G), work records on October 10, 2013, work records (G), work records (G), work records on December 12, 2013, and documents on deposit (G), and documents on deposit (H, and deposit certificates), and applicable statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades violating the Labor Standards Act with H and violating the Act on the Guarantee of Workers' Retirement Benefits);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;