Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is a business owner who runs the taxi transport business using 80 full-time workers as a representative director in Changwon-si Mhap-si B. A.

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

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 1,365,430, the sum of D’s annual allowance of 2010 from January 4, 2002 to May 31, 2012, KRW 170,805, annual annual allowance of 2011, KRW 182,093, annual bonus of 2012, KRW 506,000, annual bonus of 2012, and wage of 506,540, which was paid on May 2012, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the payment.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the date of payment may be extended by agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 6,756,367 of the above employee D's retirement pay within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of payment

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes of D;

1. Relevant legal provisions concerning criminal facts, Articles 109(1) and 36 of the Labor Standards Act that provide for the choice of punishment, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines (including the payment of all wages and retirement allowances to D), respectively;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;