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

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

Punishment of the crime

The defendant is the actual representative of a stock company C in Yangcheon-gu Seoul Metropolitan Government, who is an employer who conducts a salary grade business using 15 full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and 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 is working from October 16, 2014 to January 3, 2018.

Wages of G retired 8,513,221 won including wages of 186,30 won on September 12, 2015 (the total of 186,300 won on September 12, 2015 to the total of 186,300 won on September 12, 2015, 3,504,600 won on January 12, 2017 to the total of 3,50,450 won on January 12, 2017, each of 4,205,40 won on January 58, 2018, including retirement allowances of 4,817,597 won, and of 13,330,818 won on the extension of the payment period between the parties concerned, did not pay each of them within 14 days from the date of retirement without agreement between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of the laws and regulations governing the statement and petition of labor company I, power of attorney, details of arrears, statement of salary, calculation of retirement pay;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 201);

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

1. Selection of an alternative fine for punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment include: (a) the Defendant recognized the instant crime and reflects the fact that the Defendant committed the instant crime; (b) the background and amount of delayed payment of wages; (c) the period of delayed payment; and (d) the fact that there is no agreement with the victimized employee; and (c) the Defendant’s age, character, environment, relationship with the victimized employee;