Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

The defendant is the third representative director of the Co., Ltd., which is located in B when he is compatible, and is an employer who runs the manufacturing business using four full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, 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.

Nevertheless, the Defendant did not pay a total of KRW 26,43,645 of wages of two workers within 14 days from the date of each retirement without an agreement on the extension of the payment deadline between the parties concerned, as stated in the details of the attached money and valuables in arrears, as well as KRW 1,467,510 of the part-time wage of July 1, 2015, retired workers D, who were employed in the above workplace from November 17, 2004 to December 18, 2015.

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

Nevertheless, the Defendant did not pay the total amount of KRW 30,980,988 of the retirement allowances of two workers, including KRW 20,454,127 of the retirement allowances of retired workers D, who were employed from the above workplace from November 17, 2004 to December 18, 2015, within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties concerned, as stated in the details of the attached money and valuables in arrears.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared D and E;

1. Application of statutes on the current status of payment of wages and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, as prescribed by the relevant Act, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Retirement Benefits for Workers;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each alternative fine for punishment;

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 sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.