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 is a representative C in Daejeon-gu, Daejeon who has employed two full-time workers and operated the manufacturing business of sculptures machinery.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or 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 did not pay KRW 6,006,870 in total of wages from April 13, 2015 to December 28, 2015, as shown in the annexed Table of Crimes, to D, who worked in the above workplace from June 13, 201 to December 28, 2015, within 14 days from the date of retirement without any agreement on the extension of payment period between the parties;

(b) An employer shall pay a retirement allowance within 14 days after the cause for payment thereof occurred, if a worker retires;

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

Nevertheless, the defendant did not pay the total amount of KRW 5,048,590,00 from the date of retirement within 14 days from the date of retirement without the agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Recording of witness D's statements in the third public trial records;

1. Each legal statement of witness E;

1. Application of statutes on the calendar of work records;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits (which shall not be paid for retirement);

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant alleged on March 201 or around March 2014.