Defendant shall be punished by a fine of KRW 2,500,000.

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

Punishment of the crime

The defendant is an employer who employs five full-time workers as the actual manager of the F in Kimhae-si, and has engaged in manufacturing business.

From July 1, 2013 to June 30, 2016, the Defendant offered KRW 2,200,000 to foreign workers G retired from the said workplace on May 1, 2016, and KRW 2,100,000, retirement pay KRW 6,109,620, and KRW 2,30,00,000 of the foreign workers H who worked from June 1, 2013 to June 30, 2016, and KRW 2,30,00,000, total of KRW 2,30,000,000, retirement pay, KRW 6,939,949,019,019, without agreement between the parties concerned on the extension of the period of payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to G and H;

1. A complaint and a petition;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is as follows: “2017 High 401, the Defendant is the actual manager of the EF located in Kimhae-si, who runs a manufacturing business by ordinarily employing eight workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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 is a foreign worker B who retired from the said workplace as a production worker from November 7, 201 to March 3, 2016, with wage of 2,311,111, and wage of March 268, 2016.