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

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

Punishment of the crime

The defendant is the representative of the C Co., Ltd. in Ansan-si, who is engaged in the manufacturing industry with 15 full-time workers.

1. If an employee dies or retires, the employer in arrears of the Labor Standards Act shall pay him/her wages, compensations, and all other money or valuables within 14 days from the time 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 employed from July 27, 201 to August 31, 2016 at the said workplace and did not pay the amount of KRW 1,912,649 on August 27, 201 to D who retired from the said workplace within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties.

2. If an employee in arrears violates the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the employee a retirement allowance within 14 days from the date on which the ground for such payment occurred;

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

Nevertheless, the Defendant employed the said workplace from July 27, 201 to August 31, 2016, and did not pay KRW 10,412,842 to D retirement pay within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits;

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order was that the victim collected the amount equivalent to the amount of damage from the Defendant’s account according to the collection order, but the victim wants to punish the Defendant.