1. The defendant shall be punished by a fine of one million won;

2. 50,000 won where the defendant does not pay the above fine.

Punishment of the crime

The defendant is an employer who operates electric installations business by employing seven full-time workers as the representative director of D Co., Ltd. in Kimhae-si.

1. Where a worker dies or retires, an employer who has not paid a retirement allowance or an annual paid leave but has not been paid an annual paid leave shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant worked as the site manager from January 4, 201 to February 17, 2012 at the above workplace and did not pay KRW 4,219,580 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement on the extension of the due date between the parties concerned, for the total of KRW 1,435,350, and retirement allowances for the annual paid leave allowance of E retired on February 17, 2012.

2. When an employer who has not received the advance notice of dismissal intends to dismiss a worker, he shall do so at least thirty days prior to such dismissal, and when he does not do so 30 days prior to such dismissal, he shall pay the ordinary wages for not less than thirty days.

Nevertheless, the Defendant immediately dismissed E, who had worked as the head of the site office on January 4, 201 at the above workplace on February 17, 2012 without a prior notice, and did not pay KRW 2,870,000 for an advance notice of dismissal allowance corresponding to the ordinary wage for 30 days.

Summary of Evidence

1. Partial statement of the defendant (as of the second trial date);

1. Legal statement of witness E;

1. Statement E in the suspect examination protocol of the accused by the prosecution;

1. Recording recording recording and reporting thereon;

1. A complaint and a petition;

1. Application of Acts and subordinate statutes to a written retirement allowance calculation and a copy of employment contract;

1. Article 109(1), Article 36 of the Labor Standards Act (the fact that an annual paid leave has not been paid), Article 110 Subparag. 1, and Article 26 of the same Act concerning criminal facts, Article 44 Subparag. 1 of the Guarantee of Workers' Retirement Benefits Act.