Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

The suspect is a user who has run the restaurant business (all-time) by employing three full-time workers as the representative director of the corporation C in Gwangju North-gu.

1. When a worker dies or retires, the employer violating the Labor Standards Act 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.

However, the suspect had worked from April 4, 2013 to December 25, 2014 at the above workplace and had not paid KRW 1,926,780 on December 22, 2014, and had not paid KRW 3,130,100 on total money and valuables of two workers within 14 days from each retirement date without agreement on the extension of the due date between the parties, as shown in the attached list of crimes.

2. An employer who violates 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 by an agreement between the parties in extenuating circumstances.

However, the suspect worked from April 04, 2013 to December 25, 2014 at the same place of business and did not pay 4,295,480 won of D retirement pay within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of each of the documents and written statements of E and D to each Act and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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

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 provides that a provisional payment order shall be issued.