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

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

Punishment of the crime

The defendant is a representative C in Young-gu, Young-gu, 206, 207, who has been engaged in daily food restaurant business using four full-time workers.

1. The defendant works in the above workplace.

The working conditions such as retired D, E wages, contractual work hours, holidays, annual paid leave, etc. are not specified in writing.

2. The Defendant did not pay KRW 1,400,000 on May 29, 2013, which was employed by the said workplace from April 29, 2013 to May 29, 2013, within 14 days from the date of retirement, which is the date of the occurrence of the relevant cause for payment, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. A written calculation of average wages and retirement allowances;

1. Application of Acts and subordinate statutes to an investigation report (whether to prepare a labor contract and the details of agreement);

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 109(1) and 36 of the Act on the Selection of Penalties, and Articles 114 subparag. 1 and 17 of the Labor Standards Act ( point of non-delivery in writing of working conditions, and selection of fines);

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. Each section of the public action under Article 334 (1) of the Criminal Procedure Act against the provisional payment order;

1. The Defendant did not pay KRW 1,115,740 of D retirement pay from July 5, 2010 to July 13, 2012 at a place of business indicated in the facts constituting the above facts constituting the crime, within 14 days from the date of retirement, which is the date on which the relevant grounds for payment arose, without agreement between the parties on the extension of the payment period.

2. The facts charged above are crimes falling under subparagraph 1 of Article 44 or Article 9 of the Guarantee of Workers' Retirement Benefits Act and cannot be prosecuted against the victim's express will under the proviso to Article 44 of the same Act.

However, according to the written agreement bound in the trial records, employee D wishes to punish the defendant on March 24, 2014, which was after the prosecution of this case was instituted.