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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

The Defendant is a person who is a manager of the Dental Institute in Seocho-gu Seoul Metropolitan Government Hadong 209, who ordinarily employs five workers and operates an educational service business.

1. When a worker retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the defendant is working as an instructor at the above workplace from January 2, 2008 to May 8, 2013.

A retired worker E’s wage of KRW 1,50,000 on March 2013, 201, wage of KRW 3,000,000 on April 2013, and wage of KRW 774,190 on May 2013, did not pay KRW 5,274,190 on the date of retirement within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

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 in extenuating circumstances.

Nevertheless, the defendant did not pay 16,080,530 won of retirement allowance E within 14 days from the date of retirement without an agreement on the extension of payment due date between the parties concerned.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Application of the statutes governing the statement of retirement allowance;

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts, Articles 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and selection of fines, respectively;

1. Of concurrent crimes, the 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 for the detention of a workhouse;

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