Defendant shall be punished by a fine of KRW 1,500,000.

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 B(State) located in the Republic of Korea, who employs 20 full-time workers and operates the services and manufacturing business related to the development of programs.

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 payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, as indicated in the list of crimes attached to D, retired on November 1, 2016, did not pay 8,664,917 won in total of overtime and holiday premium pay, and 300,000 won in November 2016, to the lapse of 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

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 an agreement between the parties in extenuating circumstances.

Nevertheless, on November 1, 2016, the Defendant did not pay KRW 316,505,000,000 from the date of retirement to the lapse of 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement made by the police with regard to D;

1. Written opinion;

1. Rules of employment, labor contract, and work site;

1. Details of overdue wages;

1. Application of Acts and subordinate statutes to corrective instructions on labor-related Acts and subordinate 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. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant is a retired worker with D.