Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is the representative C in the Nam-gu Incheon Metropolitan City, who runs a construction business using six full-time 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 KRW 4,429,437 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date for payment of money and valuables, as the total of KRW 4,429,437, which is the sum of KRW 46,670 in April 1, 2016, the monthly wage of KRW 1,284,855, the monthly wage of KRW 1,628,100, the monthly wage of June, and KRW 1,469,812 in July, 201.

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 2,801,429 of D retirement pay from February 10, 2014 to July 20, 2016 at the same place of business within 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment, without agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of employment insurance statutes;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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