Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is a third representative director of the company in Yeonsu-gu B building 604, Yeonsu-gu, Incheon, who runs a construction business using five full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

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

1. The Defendant in violation of the Labor Standards Act did not pay 12,00,000 won in total, including wages of 3,500,000,000 won in February 2, 2015 and retired from the said workplace from May 8, 2005 to May 31, 2015, and wages of 3,50,000,000 won in April 2015, and wages of 3,50,000,000 won in May 2015, without any agreement between the parties to the extension of the payment date.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits for Workers at the above workplace without an agreement between the parties on the extension of the payment deadline, and the Defendant did not pay the amount of KRW 34,483,021 of D retirement pay within 14 days from the date of retirement at the above workplace from May 8, 2005 to May 31, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing D’s authenticity;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (not being paid of retirement allowances);

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;