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, as the C representative director of the corporation located in Nam-gu B at port, is an employer who runs metal manufacturing business using 40 full-time workers.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, or any other money or valuables within 14 days after the cause for such payment occurred, unless there exist any special circumstances;

Nevertheless, the Defendant, on July 1, 2016, did not pay KRW 34,328,511, in total, for the unpaid leave allowances of 13 days in attached Form D (from December 1, 2014 to June 30, 2016), including the total of KRW 1,474,534, etc. for the unpaid leave allowances of 15 re-employed workers, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, unless there exist any special circumstances.

Nevertheless, the Defendant did not pay the total of KRW 1,295,175 of the retirement allowances of the 15 workers in attached Form D, including KRW 122,878 of the retirement allowances of those who retired as above, within 14 days from the date of retirement, without any agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E and F;

1. Complaint;

1. A detailed statement on the calculation of the amount in arrears and the calculation of annual allowances;

1. Details of calculation of the difference between wages and wages retroactive;

1. Labor contract, benefit ledger;

1. A written calculation of average wages and retirement allowances;

1. Application of Acts and subordinate statutes to an investigation report (specific relation to the amount of accrued retirement benefits);

1. Article 109(1), Article 36 of the Labor Standards Act (which means the payment of wages, etc.), Article 44 Subparag. 1, and Article 9 of the Guarantee of Retirement Benefits for Workers (which means the payment of unpaid wages, etc.) concerning facts constituting an offense;

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

1. Selection of penalty: