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 C in racing-si, who employs eight full-time workers and operates the steel structure manufacturing 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;

Nevertheless, the defendant is working in each of the above companies.

D’s wage of 4,050,000 won in June 2018, wage of 5,250,000 won in July 2018, and wage of 4,130,000 won in June 2018, and wage of 4,200,000 won in July 2018, and wage of 4,20,00,000 won in July 2018, did not pay within 14 days from the date of each retirement.

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

Nevertheless, the defendant is working in each of the above companies.

On July 31, 2018, each retired worker D's retirement allowance of KRW 19,329,095 and KRW 18,810,509 of E's retirement allowance of workers E were not paid within 14 days from the date of each retirement.

Summary of Evidence

1. Defendant's legal statement;

1. A petition or a statement of the petitioner;

1. Application of the Acts and subordinate statutes reporting criminal place

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter the same shall apply) applicable to criminal facts; Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (which means the payment of retirement allowances)

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes;

1. Selection of punishment: Selection of a fine;

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

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

1. Whether the dismissal of prosecution under Article 334(1) of the Criminal Procedure Act was in violation of each of the Labor Standards Act stated in [Attachment 1] Nos. 1, 4, and 8 among the facts charged in the instant case.