Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is a representative director of A Q Q Co., Ltd. in Pyeongtaek-si AP, who runs electronic components manufacturing business using 80 regular workers.

[2013 Highest 445]

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

Nevertheless, the Defendant did not pay KRW 7,50,000 to retired workers who worked in the above workplace from April 1, 2012 to July 31, 2012, and did not pay KRW 15,230,000 for the total amount of wages and other money and valuables for workers AR and AS, as shown in [Attachment Table 1] 1 and 2, as well as for the extension of the payment deadline, within 14 days from the date of retirement without agreement between the parties concerned.

[2013 Highest 501]

2. An employer in violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act shall, in case where the employee dies or retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred, and where the employee retires, he shall pay the retirement allowances within fourteen days after the cause for such payment occurred.

The Defendant worked in the foregoing workplace from November 1, 2010 to March 9, 2012, and did not pay wages and other money and valuables totaling KRW 2,572,830 and retirement allowances totaling KRW 2,336,797 as stated in attached Table 2-4 with respect to the retirement worker AT who retired from office within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

[2013 Highest 445]

1. Defendant's legal statement;

1. Each petition and statement of the R and AS;

1. AJ's written statement (2013Sang501);

1. Defendant's legal statement;

1. AT authentics and written statements;

1. Application of the AT-related Acts and subordinate statutes on delayed payment of wages;

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and the choice of punishment.