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 D in Gyeong-gun, was employed by 31 full time workers, who run the manufacturing business of automobile parts.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the worker wages, and other money or valuables, unless there exists an agreement between the parties on the extension of the payment deadline, within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 3,69,300 in total amount of money and valuables, such as KRW 901,480, and KRW 2,797,820 in March 2017, to workers E who worked in production from March 28, 2014 to March 31, 2017, including KRW 2,797,820 in March 2017, within 14 days from the date of retirement.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within 14 days from the date on which the grounds for such payment occurred, unless the parties have agreed to extend the payment period;

Nevertheless, the Defendant did not pay KRW 6,105,360 of the retirement allowances of workers E who worked in production from March 28, 2014 to March 31, 2017 at the above workplace within 14 days from the date of retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. A petition (No. 4 No. 500)

1. A detailed statement of money and valuables in arrears by individual (No. 21 No. 540, Jan. 2

1. Application of Acts and subordinate statutes on salary specifications;

1. Article 109(1) and Article 36 of the Labor Standards Act (the fact that the payment of gold is not made) of the relevant Act on criminal facts, Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (the fact that the payment of gold is not made);

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. Article 334(1) of the Criminal Procedure Act provides substitute payment to workers with reasons for sentencing of the provisional payment order, the fact that there is no record of punishment for the same kind of crime, and the age, environment of the defendant, motive, means and consequence of the crime, etc.