Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The defendant is the representative of Seocho-gu Seoul Metropolitan Government "C" and is a user who has ordinarily employed 15 workers and operated a heavy restaurant.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant has worked as an instructor from April 1, 2010 to January 26, 2013 at the above workplace.

The retirement D’s wages of KRW 1,200,000 on September 2012, and KRW 1,100,000 on December 12, 2013, and KRW 3,400,000 on January 1, 2013, including KRW 3,400,00 on the total wage of KRW 8,50,000 on the total wage of three retired workers, as shown in the attached list of crimes, did not pay KRW 8,50,000 on the date of each 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 the cause for such payment occurred; and

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

Nevertheless, the defendant is working in the above workplace as described in the preceding paragraph.

The retirement pay of 916,00 won, including the retirement pay of 916,00 won, was not paid 2,816,000 won in total from the date of each retirement without any agreement between the parties on the extension of the due date, as shown in the separate list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each fact-verification, statement of payment

1. Application of each relevant statute;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;

1. The former part of Article 37 and Article 38 of the Criminal Code to increase concurrent crimes.