Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is the representative of the fourth floor of the building B in Seoul Special Metropolitan City, Nowon-gu, who ordinarily employs seven workers and operates a restaurant business.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 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, who retired from office from April 4, 2014 to June 11, 2015, did not pay 1,90,000 won for May 2015, and 696,667 won for June 2015 as well as 2,596,667 won for four workers, as shown in the annexed crime list, within 14 days from the date of retirement without 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 2,218,420 of D retirement pay that he/she retired from office from April 4, 2014 to June 11, 2015 within 14 days from the date of retirement without an agreement between the parties on the extension of payment deadline.

Summary of Evidence

1. A protocol concerning the examination of suspect of each special judicial police officer against the accused;

1. Statement made by each special judicial police officer with respect to E, F and G;

1. Each authentic document and written statement of E, D, F, and G;

1. Details of confirmation of facts, such as telephone;

1. To apply Acts and subordinate statutes to a detailed statement of overdue debts and a written calculation of retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (a point of payment of unpaid wages);

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

1. Selection of each alternative fine for punishment;