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 representative director of the D Co., Ltd. located in Ulsan-gu, Ulsan-gu, and is the employer who is a person in charge of the business of taxi transportation with 45 regular workers.

When a worker dies or retires, the employer shall pay the wages, retirement allowances, compensation, and all other money and valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, the defendant is working from January 22, 2005 to August 27, 2015 at the above workplace.

A retired worker E’s annual allowance of KRW 1,378,080 on January 22, 2014, and annual allowance of KRW 1,454,640 on January 22, 2015, and annual salary of KRW 1,454,640 on August 27, 2015, were not paid within 29,141,539 on the aggregate of the annual salary of KRW 1,454,640 on August 27, 2015, and the amount of money and valuables of KRW 25,854,179 on the date of payment between the parties without any agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the detailed statement for calculation of retirement allowance and the annual unpaid allowance;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of fines;

1. Articles 70 (1) 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;