The sentence against the accused shall be 1.5 million won.

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

Punishment of the crime

The defendant is the representative of Corporation C in Gwangju Mine-gu, and is an employer who runs gold-type manufacturing business using 11 full-time workers.

1. When an employer in violation of the Labor Standards Act retires, he/she shall pay wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the due date is extended by an agreement between the parties concerned on the special grounds;

Defendant Company did not pay KRW 2,37,905 in total amount of wages of Workers D who retired from office around February 1, 2017 at the same workplace ( KRW 1,156,720 in December 2016, KRW 1,181,185 in January 2017) and KRW 2,603,15 in total of wages of Workers E who retired from office around December 22, 2016 ( KRW 1,512,115 in November 2, 2016, KRW 1,091,04 in December 1, 2016) within 14 days from the date on which the grounds for payment occurred without an agreement extending the payment period between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in case where the worker retires, pay the retirement allowance within 14 days after the cause for payment occurred, unless the date is extended by an agreement between the parties concerned on the special grounds; and

Defendant did not pay 390,620 retirement pay to retired workers D's retirement pay around February 1, 2017 at the same workplace and 918,180 retirement pay to retired workers F' on October 11, 2016 within 14 days from the date of retirement, which is the date of the occurrence of the grounds for payment, without any agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D, F, and E;

1. Article 109(1), Article 36 of the Labor Standards Act for Criminal Facts (the fact of failure to liquidate each money or goods), Article 44 Subparag. 1, and Article 9 of the Guarantee of Retirement Benefits for Workers (the fact of failure to pay each retirement allowance);

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70 of the Criminal Act to attract a workhouse.