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 in Pyeongtaek-si B, is a full-time worker who runs a manufacturing business using ten full-time workers.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay all money or valuables, such as wages, within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant employed from April 25, 200 to July 4, 2016 at the above workplace and did not pay the total of KRW 10,200,000,000 as shown in the separate crime list, including KRW 2,748,387 of the amount of divided wages of April 2016 to retired workers D, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, the defendant employed from April 25, 200 to July 4, 2016 at the above workplace and did not pay KRW 20,300,000 of retirement allowances of retired workers D within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Accordingly, the Defendant did not pay KRW 30,500,000 to D.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of D;

1. Application of calendar statutes to average wages and retirement allowances, and payment of overdue money and goods in arrears;

1. Article 109(1) and Article 36 of the Labor Standards Act for Criminal Facts (a violation of the duty to liquidate money or goods), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of the duty to liquidate money or goods);

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

1. Selection of an alternative fine for punishment;

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

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