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

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

Punishment of the crime

The defendant is a medical corporation located in Gyeonggi-si B, which ordinarily employs 20 workers and operates medical business as the representative of C convalescent Hospital.

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

Nevertheless, the Defendant did not pay 49,19,236 won, including 1,400,000 won in November 30, 2015 of the worker D, who worked in the above workplace and retired on November 30, 2015, in total, 5 employees retired, as shown in the list of crimes in the attached Table of Crimes, within 14 days from each retirement date, without any agreement between the parties on the extension of the payment 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.

Nevertheless, the Defendant did not pay the total amount of KRW 8,59,236 of the retirement allowances for three workers, as stated in the list of crimes attached hereto, as well as KRW 2,508,015 of the retirement allowances of employees D who worked and retired in the above workplace as described in paragraph 1 at the above workplace, within 14 days from the date of each retirement without any agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, D, F, G, and H;

1. A written petition;

1. Details of each bankbook;

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 (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

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(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The unpaid wages are those for which the sentencing of Article 334(1) of the Criminal Procedure Act is applicable.