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 director of C, a corporation located in Haan-gun, Gyeongnam-gun, who ordinarily employs eight persons and operates a scrap metal business.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen 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, who was employed in the foregoing company as a driver on October 1, 201, was serving as of October 1, 201 and did not pay the total of KRW 1,610,000,000,000 as of September 1, 2013 of D’s retirement on October 1, 2013, the wage of KRW 3.5 million for September 2013 of F, the wage of KRW 3.8 million for September 2013 of F, the wage of KRW 3.8 million for September 2013 of H, and the wage of KRW 2.5 million for September 2013 of H, without an agreement between the parties on the extension of the due date for payment, within 14 days from the date of retirement, which is the date of the cause for payment.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant, who was employed in the foregoing company as an operator on October 1, 201, did not pay KRW 6,857,206 of D's retirement pay retired on October 1, 2013 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D prepared by a special judicial police officer;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act regarding criminal facts, the choice of punishment, and the choice of fines, respectively, Article 4 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 109(1) of the same Act.