Defendant shall be punished by a fine of two 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 Co., Ltd. C in Ansan-si, a member of Ansan-si, who is engaged in the business of manufacturing scurf.

1. When an employee in violation of the Labor Standards Act dies or retires, the employer shall pay him/her 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.

Defendant did not pay KRW 9 million in total of the wages of H from June 1, 2010 to June 30, 2016 at the above workplace, and did not pay KRW 21,100,000 for the total wages of KRW 21,00,00 from each retirement date, as described in the attached Table No. 2, No. 3, and No. 5 of the total wages of KRW 21,00,00, as stated in the attached Table No. 2, No. 3, and No. 5 of the total wages of KRW 20,00,000, within 14 days from each retirement date.

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.

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

Defendant did not pay KRW 18,062,310 of retirement allowances to H from June 1, 2010 to June 30, 2016 at the above workplace, and did not pay KRW 23,479,370, total amount of two employees’ retirement allowances within 14 days from the date of each retirement, as described in the attached Table Nos. 2 and 3 of the daily list of crimes.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Application of Acts and subordinate statutes to a true statement;

1. Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, as prescribed by the relevant Act, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Retirement Benefits for Workers;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to a violation of the Labor Standards Act for each Workers, and a violation of the Labor Standards Act and the Guarantee of Retirement Benefits for Workers);

1. Selection of each alternative fine for punishment;

1. The aggravated Criminal Act for concurrent crimes.