Defendant shall be punished by a fine of KRW 5,000,000.

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

Criminal facts

The Defendant is an employer who is a full-time employee of Ulsan-si C, Ulsan-si, who operates a manufacturing business using a tank and a lock with the trade name of 30 full-time employee.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, 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 did not pay KRW 11,711,107, in total, KRW 522,970 and retirement allowances, KRW 6,797,703 and KRW 11,71,107 of the E’s total amount of KRW 522,970 and KRW 14 days from the date on which the grounds for payment occurred, which had been employed in the said workplace from November 10, 2014 to December 31, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. The application of the Acts and subordinate statutes regarding printed matter, such as a complaint, each petition, and resident registration card, printed matter, printed matter for inquiry of the list of the disqualified persons for each place of business, inquiry into the details of employment insurance business place, and printed matter

1. The overdue payment of money and other valuables under the relevant Act on criminal facts: The overdue payment of retirement allowances under Articles 109 (1) and 36 of the Labor Standards Act: Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a person who violates the Labor Standards Act for Victims E, and a violation of the Act on the Guarantee of Workers' Retirement Benefits: A person who is subject to punishment for a violation of the Guarantee of Retirement Benefits for Workers with heavy quality of crimes);

1. Selection of each alternative fine for punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against a victim E with heavier penalty provided for in the violation of the Guarantee of Workers' Retirement Benefits Act);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.