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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The defendant is the representative of D Co., Ltd. with five floors in Songpa-gu Seoul Metropolitan Government, who has operated software development and sales business using five regular workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant worked in the said workplace from March 1, 2010 to May 16, 2013, and did not pay KRW 5,333,32 to two retired workers, including the sum of wages to E, and KRW 15,631,971, as shown in the attached crime list, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant worked in the foregoing workplace from March 1, 2010 to May 16, 2013, and paid 3,708,545 won of retirement allowances to retired workers E, as well as 7,312,025 won in total, as shown in the separate crime list, to two retired workers, including 3,708,545 won, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Each legal statement of witness F and E;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to the F and E respective authentic statements;

1. Article 109 (1) or 36 of the Labor Standards Act (which refers to the payment of wages and refund for year-end settlement) regarding criminal facts, Article 44 subparagraph 1 or Article 9 of the Guarantee of Workers' Retirement Benefits Act (which refers to the payment of retirement allowances);

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

1. Selection of each alternative fine for punishment;

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

1. The Act on May 14, 2014, which was amended by the former Criminal Act.