Defendant shall be punished by a fine of KRW 2,500,000.

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

Punishment of the crime

The defendant is a C representative in the following City B, who employs ten full-time workers and engages in textile manufacturing business.

1. When a worker retires, the employer shall pay him wages within fourteen days after the cause for such payment occurred;

However, in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay 8,50,000 won in total, from June 30, 2014 to September 30, 2014, which had been employed by the said workplace from April 13, 2012 to September 30, 2014, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties on the extension of the due date.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

However, in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 6,761,524 of D retirement pay from April 13, 2012 to September 30, 2014 at the same place of business within 14 days from the date of occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. D's petition, self-written statement;

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

1. Article 109 (1) and Article 36 of the Labor Standards Act related to the facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of unpaid retirement allowances);

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

1. Selection of an alternative fine for punishment;

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;