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

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

Punishment of the crime

The defendant is a representative of D Co., Ltd. in C at the time of residence and is an employer who runs a construction business using 12 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the defendant works in the above workplace from April 1, 2009 to May 31, 2013.

A retired E’s failure to pay KRW 1,300,000 for wages in March 2013, as well as payment of KRW 7,860,538 for total wages of two workers, such as the details of the attached money and valuables in arrears, did not pay each of them within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

(b) When a worker dies or retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant works in the above workplace from April 1, 2009 to May 31, 2013.

In addition to the failure to pay KRW 5,370,115 of the retirement allowances of retired E, the total amount of KRW 13,550,665 of the retirement allowances of two workers was not paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of E and F;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutually between a violation of the Labor Standards Act by worker and a violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;