Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is the representative director of the D Co., Ltd. in Kimcheon-si, who has been engaged in the manufacturing industry with five full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 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 from May 6, 201 to May 3, 2014, and retired from office E’s wages of KRW 100,000 in August 2013 as well as KRW 19,097,220 in total, as shown in the attached Table 1 of the Crimes List 2013, did not pay within 14 days from each retirement date without any agreement on the extension of the payment period between the parties.

2. An employer shall, if a worker retires, pay a retirement allowance within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant had worked from May 6, 201 to May 3, 2014, and had retired E’s retirement pay of KRW 3,926,590, as well as KRW 7,444,830, total retirement allowances of two retired workers, as shown in attached Table 1 of the List of Crimes, did not pay within 14 days from the date of each retirement without agreement between the parties on the extension of the payment period between them.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F;

1. Entry of each part of the witness E and G in the third public trial records;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Application of Acts and subordinate statutes to the benefit ledger;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (E in violation of the Labor Standards Act)