Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The defendant is the C representative in Asan City, who is a full-time worker and operates the business of manufacturing automated control facilities by employing nine workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, 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 mutual agreement between the parties.

Nevertheless, the Defendant did not pay 61,460,00 won in total for two workers within 14 days from the date of each retirement without an agreement on the extension of payment deadline between the parties concerned, as stated in the list of crimes in the attached Table, as well as 100,000 won on November 1, 2012 against D of workers who retired from the said workplace from office from April 1, 2009 to April 14, 2015.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 15,178,519 of the worker D's retirement pay within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on the accused in D or E in the protocol of the statement made by the police (alternative: D or E);

1. Application of the Acts and subordinate statutes described in each subparagraph of paragraph (D) of a detailed statement of overdue wages, a detailed statement of accounts by account, and a statement of retirement allowance calculation;

1. Article 109 (1) and the main sentence of Article 36 of the Labor Standards Act (which means the payment of wages), Article 44 subparagraph 1 and the main sentence of Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (which means the payment of unpaid wages) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the violation of the Labor Standards Act against Workers D, the violation of the Labor Standards Act against Workers D, the mutual violation of the Guarantee of Workers' Retirement Benefits Act, and the violation of the Labor Standards Act with heavier penalty.