Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The Defendant is an employer who employs five full-time workers as the representative of "C" No. 205 of the member-gu building B in Ansan-si.

1. If an employee in arrear of the Labor Standards Act retires, the employer shall pay the employee wages, compensations, and all other money and valuables within 14 days after the ground for such payment occurred;

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

Nevertheless, the defendant did not pay 4,433,713 won in arrears, including D's wage 2,632,763 won in September 2013, and wage 1,80,950 won in February 2014, within 14 days from the date on which the grounds for payment occurred, without any agreement between the parties on the extension of the payment deadline.

2. If an employee in arrears violates the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the employee a retirement allowance within 14 days from the date on which the ground for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 3,482,464 of D retirement pay from May 1, 2012 to February 28, 2014 at the same place of business within 14 days from the date of retirement where the cause for payment occurred, without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on a petition;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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;