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 representative of the Nam-gu Incheon Metropolitan City B and 202, who has operated a restaurant with six regular workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and 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 served from October 6, 2013 to November 23, 2014 as well as KRW 8,280,000 of the wages in arrears of retired workers D, and did not pay KRW 26,573,334 to three retired workers within 14 days from each retirement date, which is the date on which the cause for payment of money and valuables occurred, without agreement between the parties on the extension of the payment date.

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

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

Nevertheless, the Defendant, as described in the separate crime list, did not pay KRW 4,393,428 in total for two retired workers as well as KRW 2,010,145 of retirement allowances of retired workers D, from October 6, 2013 to November 23, 2014, within 14 days from each retirement date, which is the date on which the cause for payment occurred, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of representative by the police complainants against D;

1. Application of Acts and subordinate statutes to data submitted (including details of accounts of retirement allowances, details of passbook transactions, and sales data);

1. Article 109 (1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. The Commercial Concurrent Crimes Act.