Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The defendant is a user who runs a construction business using 11 regular workers as a representative director in the second floor of Gangnam-gu Seoul Metropolitan Government B building.

When a worker dies or retires, the employer violating the Labor Standards Act shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant worked in the foregoing workplace from April 18, 201 to April 7, 2014, and did not pay KRW 3,028,242 to retired workers D's wages in November 2013, 2013, KRW 3,036,861 won in December 2013, KRW 2,540,221 in February 2014, KRW 705,867 in April 201, KRW 205,520 in money and valuables, and KRW 9,516,711 in total, within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

(b) An employer violating the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the date of payment may be extended according to the agreement between the parties in special circumstances.

Nevertheless, the Defendant did not pay KRW 9,589,536 of the retirement allowance of the employee D who retired from the above workplace within 14 days from the date of retirement without an agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts, 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 Commercial Concurrent Crimes;

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