Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

When a worker retires, the employer shall pay the wages, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.

The defendant is an employer who runs construction business by employing 32 full-time workers as a representative of the construction of the Korea D Co., Ltd. during the period of Ansan.

The Defendant had worked at the site of the Housing Site Development Project in the Suwon District from April 18, 2009 to April 30, 2012, and had not paid KRW 6,000,000 of retired workers E’ wages, retirement allowances, 9,164,927 within 14 days from the date when the cause for the payment occurred, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Police suspect interrogation protocol of the accused;

1. Each statement of E and F preparation;

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

1. Relevant legal provisions concerning criminal facts, Articles 109(1) and 36 of the Labor Standards Act for the Selection of Punishment (which is not paid wages, choice of fines) and Articles 31, 9 (which was amended by Act No. 10967, Jul. 25, 201; which was enforced on July 26, 2012) of the former Guarantee of Workers' Retirement Benefits Act (which was not paid retirement allowances, choice of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed for the violation of the Guarantee of Workers' Retirement Benefits Act, whichever the circumstances are more severe);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to have not paid wages and retirement allowances to retired workers E within 14 days when the defendant worked as the representative director of the DD Construction. Considering that the amount of unpaid wages and retirement allowances is not a large amount of wages and retirement allowances, it is necessary to severely punish the defendant.

However, the defendant has no record of punishment heavier than the suspension of execution, the confession of crime, and the payment of wages, etc. to retired workers of DD Construction.