Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

The defendant is the representative of the office of Pyeongtaek-si C and D Co., Ltd. 402 who is engaged in the service business by using two full-time workers.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay all money or valuables, such as wages, within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant employed from August 9, 2013 to April 10, 2016 at the above workplace and did not pay 14,616,129 won in total of two workers as shown in the list of crimes in attached Table, including the amount of wage of KRW 500,00 on December 2, 2015 to E, within 14 days from the date of retirement, without any agreement on the extension of the payment period 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.

Nevertheless, the defendant employed from August 9, 2013 to April 10, 2016 at the above workplace and did not pay 10,351,130 won in total, including 3,981,09 won in the retirement allowance E of retired workers from the above workplace, within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties concerned, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes on the filing of a petition, each retirement allowance calculation statement, details of money and valuables in arrear, and details of overdue wages;

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 Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 that a provisional payment order shall be issued.