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 C Co., Ltd. in B and 6 stories, who is an employer who runs a shipbuilding business using five regular workers.

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

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

Nevertheless, from September 1, 2016 to October 31, 2019, the Defendant served in the office of Busan, a corporation located in Nam-gu, Busan, and did not pay KRW 3,927,00 of the retired workers E's wages on March 1, 2017; KRW 589,050 of the wages on June 2, 2019; KRW 3,927,000 of the wages on October 3, 2019 (total wage of KRW 8,43,050); business suspension allowances; KRW 3,382,950 (total wage of KRW 6,765,90); and KRW 1,280 of the annual allowance; KRW 1,280; retirement allowances; KRW 126,16,916; KRW 2846; and KRW 4686,65,6565, Jun. 16, 2019; and

Summary of Evidence

1. To obtain reports on the police's written statement E in the court statement of the defendant E;

Application of Acts and subordinate statutes to retirement allowance calculation statement

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the violation of the Labor Standards Act due to the failure to pay wages and the violation of the Labor Standards Act due to the failure to pay retirement allowances);

1. Selection of an alternative fine for punishment;

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

1. The fact that a substitute payment was made to a worker with reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order;