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

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

Punishment of the crime

The defendant, as the representative director of the (oil) C industrial company in Sinpo City B, is an employer who runs automobile repair and maintenance business using ten full-time workers.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay all money or valuables, such as wages, within 14 days from the date of retirement, unless there exists an agreement on extension of the due date;

Nevertheless, the defendant is serving as a motor vehicle inspection officer from May 1, 2012 to September 30, 2014 at the above workplace.

A withdrawn amount of KRW 950,00 in total and KRW 3,730,00 in total, and KRW 9.0 in total, KRW 2,780,00 in the wage of August 2014 and KRW 3,730,00 in the wage of KRW 9.0 shall not be paid within 14 days from the date of retirement without any agreement between the parties

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.

Nevertheless, the defendant is serving as a motor vehicle inspection officer from May 1, 2012 to September 30, 2014 at the above workplace.

A retired retirement allowance of KRW 6,255,052 was not paid at the expiration of 14 days from the date of retirement without an agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a retirement allowance calculation statement;

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts, Articles 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and selection of fines, respectively;

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 of the provisional payment order;