Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

The defendant is an employer who operates a household manufacturing company using four full-time workers as a real manager of C located in Nam-si, Namyang-si.

1. When a worker dies or retires from office, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the period of payment;

Nevertheless, the Defendant did not pay 4,80,000 won in total, including D’s wage of 3,00,000,000 won in April 2015, and wage of 1,80,000,000 in May 2015, 2015, within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of payment date.

2. When a worker in violation of the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the worker a retirement allowance within 14 days from the date of such retirement, unless otherwise agreed on the extension of the payment period;

Nevertheless, the Defendant did not pay KRW 12,000,000 of D retirement pay, which was worked from May 10, 2010 to May 20, 2015 at the above workplace, within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Written statements of D;

1. Application of Acts and subordinate statutes on account details;

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

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was that the Defendant had undergone criminal conciliation proceedings after the delay in payment of the instant case was at issue.