Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is a representative C in Ansan-gu B, An employer who is engaged in food business using one regular worker.

1. When a worker dies or retires, the employer 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 worked in the above workplace from July 10, 2008 to September 30, 2012, and did not pay 1,400,000,000 won for each month from November 201 to September 2012, as well as 15,000,000 won for each month from December 1, 201 to September 201, to September 14, 201, without agreement between the parties to the extension of payment period.

2. When a worker retires, the employer shall 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 if special circumstances exist.

Nevertheless, the Defendant did not pay the retirement allowance of KRW 1,255,120 to D of retired workers as described in paragraph (1) within 14 days from the date on which the cause for payment occurred, without an agreement between the parties to the extension of the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes in calculating average wages and retirement allowances;

1. Relevant legal provisions concerning criminal facts, Articles 109 (1) and 36 of the Labor Standards Act that provide for the choice of a sentence, and Articles 44 (1) and 9 of the Guarantee of Workers' Retirement Benefits Act (not being paid retirement allowances and choice of a fine);

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;