A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

The defendant is a representative of a corporation that conducts multi-family housing management business using three regular workers under the trade name of Busan Dong-gu C Apartment.

1. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where the employee dies or retires, pay the 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 is working as the chief management officer from November 4, 2008 to February 28, 2014 at the above workplace.

The retirement allowance of 2,593,865 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. When an employer violating the Labor Standards Act intends to dismiss a worker, he shall give the worker an advance notice at least thirty days prior to the dismissal, and if the employer fails to give such advance notice thirty days prior to the dismissal, he shall pay the ordinary wages for thirty days or more.

Nevertheless, the Defendant dismissed D on February 17, 2014, and did not immediately pay KRW 1,200,000 of the pre-paid allowance for dismissal, when he was employed on November 4, 2008 at the above workplace and worked as the management office.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of D;

1. Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, Article 110 Subparag. 1 and Article 26 of the Labor Standards Act, and selection of fines, respectively, concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;