A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

The defendant is the actual manager of the E Co., Ltd. in the fifth floor of the Dong-gu Gwangju Metropolitan City, who ordinarily employs not less than 20 workers and operates the service 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.

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

Nevertheless, the Defendant did not pay KRW 1,281,100 of retirement allowances to F who retired workers while working in the foregoing workplace from November 2, 2014 to November 30, 2015, within 14 days from the date of retirement, without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against B; and

1. Application of statutes on a copy of a contract for supervision of employment and details of calculation of retirement allowances;

1. Article 44 of the Act applicable to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for elective Workers, and Selection of a fine;

1. The part concerning dismissal of public prosecution under Articles 70(1) and 69(2) of the Criminal Act with the detention in a workhouse

1. The summary of the facts charged is the actual manager of E Co., Ltd. on the fifth fifth floor of Gwangju Dong-gu, Gwangju, who ordinarily employs 20 workers and operates service business.

The Defendant was working from July 21, 2014 to November 30, 2015, and paid 659,130 won of annual paid leave allowances, retirement allowances, retirement allowances, 1,549,100 won, and 1,479,450 won of retired workers C’ retirement allowances from September 2, 2014 to November 30, 2015, without any agreement between the parties on the extension of the payment date between the parties.

2. Determination

(a) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act;

B. Withdrawal of the wishing to punish the Defendant after the institution of public prosecution by workers B and C (i.e., August 19, 2016)

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;