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

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

Punishment of the crime

The defendant is the representative of the D Company in Jung-gu Seoul Metropolitan Government and is an employer who runs real estate development business using seven full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 13,305,610 of the wages of E retired from the said workplace from April 27, 2010 to November 30, 2012, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

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

Nevertheless, the Defendant did not pay KRW 4,497,690 of the retirement allowances of E retired from the said workplace from April 27, 2010 to November 30, 2012, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Each legal statement of witness E, F and G;

1. Application of Acts and subordinate statutes concerning the calculation of retirement allowances, a statement of wages, and a ledger of wages;

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;

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