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 of C Co., Ltd. in Jeju, who employs ten full-time workers and operates a restaurant business (China).

When a worker retires, the employer shall pay the wages within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by the agreement between the parties if special circumstances exist.

Nevertheless, the Defendant did not pay the wages of 30,290,840 won from the time when the cause for payment occurred without an agreement on the extension of payment date between the parties (the retirement date) as shown in the attached Form, including D’s wage of 3,927,570 won on August 1, 2014, wage of 4,045,880 won on September 1, 2014, and wage of 14 year paid leave pay of 1,974,370 won, total wage of 9,947,820 won, and the Defendant did not pay 30,290,840 won from the time when the cause for payment occurred without any agreement on the extension of payment date.

(b) 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 by the agreement between the parties if special circumstances exist.

Nevertheless, the Defendant did not pay KRW 4,965,740 as well as the amount of KRW 11,424,90 as shown in the separate sheet, and did not pay KRW 14 days from the time when the cause for payment occurred (the retirement date) without an agreement on the extension of the payment date of retirement allowances between the parties concerned (the retirement date).

Summary of Evidence

1. Defendant's legal statement;

1. Each petition and each statement of D, E, F, G, and H;

1. Application of Acts and subordinate statutes to each statement of accounts of retirement allowances and the current status of delayed payment of wages;

1. Article 109(1), Article 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;

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

1. Selection of a fine for negligence;