Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the representative director of the Dispute Resolution E in Ulsan-gu, Ulsan-gu, and is the user who is a business operator in charge of the ship processing business using 120 full-time workers.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and 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.

[2018 High 237] Defendant Company did not pay KRW 2,071,763 of F retirement pay from March 11, 2016 to September 27, 2017 at the same place of business within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline.

[2018 High 238] Defendant Company did not pay KRW 8,653,571 as well as KRW 2,285,102 of G retirement pay of retired workers who worked in prison from the said workplace from August 29, 2016 to September 30, 2017, within 14 days from the date of retirement without any agreement on extension of payment date between the parties concerned, as in the list of crimes in attached Table 1, including KRW 2,285,102.

Summary of Evidence

[2018 High Court Decision 237]

1. Statement by the defendant in court;

1. A complaint and a petition (F);

1. Average wages and a written statement of the retirement allowance (F) (2018 fixed 238);

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to filing of a complaint, average wages and retirement allowances;

1. Article 44 of the Act applicable to the facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for Workers Eligible for Determination of Punishment, and Selection of Fines;

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

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of this part of the facts charged is that the defendant is the representative director of the Dispute Resolution E in Ulsan-gu, Ulsan-gu, who is a representative director of the Dispute Resolution Co., Ltd., and is a person in charge of the operation of the vessel processing business by making use of 120 full-time workers.