Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is the representative of the legal office A located in Seocho-gu Seoul Metropolitan Government Btel 301, who is an employer who runs the attorney-at-law business using 11 full-time workers.

1. An employer shall, if a worker retires, pay wages and other money or valuables within fourteen days from the date of retirement unless there exists an agreement on extension of the due date for payment between the parties concerned;

Nevertheless, the Defendant did not pay the total amount of KRW 1,30,000 in arrears, including C’s wages of June 5, 2013 and wages of KRW 580,645, July 2013, and wages of KRW 719,355, July 2013, within 14 days from the date on which the cause for the payment occurred, without an agreement between the parties on the extension of the due date for payment.

2. 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 according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the foregoing place of business, worked from November 1, 201 to July 15, 201, did not pay KRW 2,218,153 of retirement pay to retired workers C within 14 days from the date of retirement without an agreement between the parties.

Summary of Evidence

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

1. A C’s authentic statement;

1. A written calculation of retirement allowances;

1. Details of confirmation of telephone, etc.;

1. Application of statutes on business registration certificates;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of an alternative fine for punishment;

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