Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The defendant is the representative director of D, Co., Ltd., located in Seojin-gu Seoul Metropolitan City, who ordinarily employs 13 workers and operates a comprehensive construction business.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless there exists any extension of the due date by an agreement between the parties concerned, due to special circumstances;

Nevertheless, the Defendant did not pay 48,840,080 won, in total, from August 1, 2006 to May 31, 2017, to August 2016, to May 2017, and from the end of the year 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred, unless there exists any extension of the due date under an agreement between the parties concerned, due to

Nevertheless, the Defendant did not pay the retirement allowance of KRW 22,687,692 retired from the said workplace within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties, as the Defendant had worked from June 1, 2006 to May 31, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police officer of the E and F;

1. Application of Acts and subordinate statutes to a retirement allowance calculation statement;

1. Article 109(1) and Article 36 of the Labor Standards Act for Criminal Facts (a violation of the duty to liquidate money or goods), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of the duty to liquidate money or goods);

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances favorable to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act: The fact that the defendant repents his mistake and reflects his depth, and is in the management of the company.