Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

- Defendant 688 is the representative of Q farming association in Pyeongtaek-si P, who ordinarily employs 18 full-time workers.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay all money or valuables, such as wages, within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant had worked from March 8, 201 to October 31, 2016 at the said workplace, and had not paid the total of KRW 13,400,000 in wages of KRW 800,000 in wages of the retired workers R on March 3, 2016, and the annual paid leave allowances of KRW 3,770,335 (the same as the entry in the table in the separate sheet) within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, the Defendant had worked from March 8, 2201 to October 31, 2016 at the said workplace and had not paid KRW 10,357,628 of the retirement pay of retired workers to the said workplace within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

Accordingly, the Defendant did not pay R a total of KRW 27,527,963.

Summary of Evidence

1. Statement by the defendant in court;

1. AR statement;

1. A written petition;

1. A detailed statement of unpaid amount;

1. Annual allowances - Unpaid details;

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 for the relevant Act on Criminal Facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid at once of retirement);

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. Grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the Aggravated Punishment of Provisional Payment Order: Confession, reflectivity, and the punishment of a fine for gambling in around 193.