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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a manager of D's office in Gangnam-gu Seoul Metropolitan Government Co., Ltd., who employs five full-time workers and operates the sales agency and advertising agency business.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 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, who was employed by the said workplace from April 11, 2014 to July 10, 2015, did not pay the total of 10,187,890 won, including two workers, including wage of 3,66,670 won on June 6, 2015, wage of 1,222,220 won on July 30, 2015, and wages of 1,96,000 won on December 30, 2014 to July 31, 2015, and two workers, including wage of 3,33,000 won on July 1, 2015, within 14 days from each retirement day without an agreement between the parties to the extension of the payment date.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

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

Nevertheless, the Defendant did not pay KRW 4,514,247 of the retirement pay of E retired from the said workplace from office from April 11, 2014 to July 10, 2015, within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Each legal statement of witness F and E;

1. Statement made by the police to F and E;

1. Application of Acts and subordinate statutes to written complaint and petition;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (a point of payment of unpaid wages);

1. The Commercial Concurrent Crimes Act.