Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Criminal facts

Some of the facts charged were corrected.

The defendant is a person in charge of the operation of the wholesale and retail business who employs 11 full time workers as the representative director of the C, a corporation located in Busan Jin-gu, Busan, and is an employer.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, and other money or valuables within 14 days after the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay KRW 7,932,709 in total amount of KRW 1,105,646 of D’s wages and retirement allowances of KRW 6,827,063 that retired from the Defendant’s employment from around September 1, 2014 to December 9, 2016, within 14 days from the date of retirement, and did not pay KRW 30,594,884 in total for eight retired workers, as stated in the attached Table, within 14 days from the date of retirement, without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Act and subordinate statutes to the bonus ledger (32 pages of investigation records) and the calculation of retirement allowances (34 pages of investigation records);

1. Article 109(1), Article 36 of the Labor Standards Act (which means the failure to liquidate gold), Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which means the failure to pay gold) concerning facts constituting an offense;

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