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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant, as the representative director of the CC in Asan City (State), is an employer who runs a manufacturing business using eight full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the defendant worked in the above workplace from June 28, 2010 to July 15, 2016, and did not pay 106,559,920 won in total, including 500,000 won of the wage in February 2016, as shown in the list of crimes in the attached Table, to 12 retired workers, as well as 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

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

Nevertheless, the defendant employed in the above workplace from June 28, 2010 to July 15, 2016, and did not pay 7,357,280 won in total for retirement allowance of 11 retired workers as well as 15,497,545 won in the attached list of crimes, as well as 11 retirement allowance of 14 days from the date of retirement without any agreement on the extension of the payment period between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective laws and regulations on police complaints filed against E, F, G, H, I, D, J, K, and L;

1. Article 109(1), Article 36 of the Labor Standards Act (which means the payment of wages, etc.), Article 44 Subparag. 1, and Article 9 of the Guarantee of Retirement Benefits for Workers (which means the payment of unpaid wages, etc.) concerning facts constituting an offense;

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

1. Selection of penalty;