Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is operating D of automobile parts manufacturing business using eight full-time workers in Gyeonggi-si C.

1. An employer who violates the Labor Standards Act shall pay all money or valuables, such as wages, within fourteen days thereafter, if a worker retires;

Nevertheless, the Defendant had worked from August 19, 201 to November 26, 2015 at the said workplace and had not paid KRW 1,364,310 of the retired workers E on November 1, 2015 within 14 days from the date of retirement without an agreement between the parties to the extension of payment deadline.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days thereafter, if the worker retires;

Nevertheless, the Defendant did not pay KRW 5,205,951, respectively, within 14 days from the date of retirement without an agreement between the parties to the extension of the payment deadline, after having worked in the above workplace as set forth in Paragraph 1, as well as in KRW 1,474,978, and from September 20, 2013 to November 26, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Police statements made to E and F;

1. Application of Acts and subordinate statutes to each average wages and a statement of retirement allowance;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

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

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. Determination on the application of the sentencing criteria under Article 334 (1) of the Criminal Procedure Act for the Provisional Payment Order: It shall not be applicable;