Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The defendant, as the representative of the Gu and US B 29 commercial buildings, is a user who operates a mobile phone parts manufacturing business using 32 full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, and other money or valuables within fourteen 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 the total amount of KRW 1,976,750 in December 1, 2015, and KRW 4,091,570 in December 2015, the amount of KRW 2,114,820 in January 2016, without an agreement on the extension of the payment date between the parties, within 14 days from the date of retirement, and did not pay KRW 3,6,8,10,10,17, 21 through 23, and 30 in the attached Form 3,6,8,10,000 in total of KRW 17,760,480 in December 1, 2015 within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

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

Nevertheless, the Defendant did not pay KRW 3,598,310 of the retirement allowances of the employees D under the preceding paragraph within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint filed, a name of mandator, a statement of money and valuables in arrears, a statement of payment in arrears, a written statement of retirement allowance calculation, a register of workers, a ledger of wages, a calendar in attendance, and a statement of passbooks

1. Application of statutes on the details of money and valuables in arrears by individual;

1. Article 109(1) and Article 36 of the Labor Standards Act for criminal facts (hereinafter “Labor Standards Act”) and Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.