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

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

Punishment of the crime

The defendant is the representative of C in Daegu Dong-gu, and is an employer who runs a food manufacturing business with eight regular workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, accident compensations, and all other money and valuables within fourteen days after the cause for the payment occurred;

Nevertheless, the Defendant is working in the foregoing workplace from October 15, 2013 to December 30, 2014.

A retired worker D’s total amount of 3,050,000 won in October 2014, 1,400,000 won in November 2014, and 7,00,000 won in December 2014, did not pay 3,050,000 won in total within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after a cause for payment occurs; and

Nevertheless, the Defendant did not pay the said D retirement allowance of KRW 1,777,160 within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 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 an alternative fine for punishment;

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;