Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The defendant is an actual manager E Co., Ltd. located in Gyeonggicheon-gun D, who ordinarily employs three workers and engages in manufacturing business.

The Defendant had worked from July 27, 2010 to February 29, 2012 at the same place of business, and had not paid KRW 4,200,000 as well as retirement allowance of KRW 2,617,810 as of February 2, 2012, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition;

1. Application of Acts and subordinate statutes to the average wage, a written calculation of retirement allowances, and a ledger of wages (from January 2012 to July 2012).

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Articles 31 and 9 of the former Act on the Guarantee of Workers' Retirement Benefits (Amended by Act No. 10967, Jul. 25, 2011; hereinafter the same shall apply)

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

1. Selection of an alternative fine for punishment;

1. The dismissal of public prosecution under Articles 70 and 69(2) of the Criminal Act

1. The summary of the facts charged is that the Defendant is the actual manager E Co., Ltd. located in Gyeonggi-gun D, who ordinarily employs three workers and operates manufacturing business.

The Defendant, as shown in the attached list of crimes, worked in the above workplace from June 28, 2010 to July 25, 2012, and did not pay KRW 20,516,120 in total and KRW 4,036,250 in total and KRW 4,036,250 in the above workplace within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned.

2. The facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act, Article 44 subparag. 1 of the Act on the Guarantee of Workers’ Retirement Benefits, and Article 31 of the former Act, and Article 109(2) of the Labor Standards Act and Article 44 of the former Act on the Guarantee of Workers’ Retirement Benefits did not have any provision of half punishment. However, since the said provision was newly established in the new Act, which was amended by Act No. 10967, Jul. 25, 201 and enforced from July 26, 2012, the said new Act favorable to the Defendant.