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

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

Punishment of the crime

The defendant is the actual representative of the C Company in Daegu Suwon-gu B and 2, who is an employer who runs a wholesale and retail business (a remote area) with two regular workers employed.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen 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 was in charge of the design from May 1, 2012 to January 31, 2014 at the same place of business and did not pay KRW 1,500,000 of the retired workers D's wages in January 2014 within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant was in charge of the design from May 1, 2012 to January 31, 2014 at the foregoing workplace and did not pay KRW 2,084,490 of retirement allowances of retired workers D within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Investigation report (employment of petitions and payment of wages);

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

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;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;