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 the representative of the D company in Yongcheon-si, who is a full-time user of 15 workers and operates automobile parts manufacturing business.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money or valuables within fourteen 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, while working in the foregoing workplace and retired on December 1, 2014, did not pay the total of 3.5 million won of wages and bonuses, including KRW 2.5 million in November 2014, KRW 250,000 in bonuses in May 2014, KRW 250,000 in July 250, KRW 250,00 in September bonus, KRW 250,00 in November bonus, and KRW 250,00 in November bonus, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

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 may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, while working in the foregoing workplace, did not pay KRW 3,897,787, which was retired on December 1, 2014, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written calculation of average wages and retirement allowances;

1. Application of statutes on business registration certificates;

1. Article 109(1) and Article 36 of the Labor Standards Act (which means the payment of wages and bonuses), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which means the payment of retirement allowances);

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