Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

The Defendant is an employer who runs the manufacturing business of machinery parts by ordinarily employing 13 workers under the trade name called “D” in Busan House C Building 201.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, and all other money and valuables within 14 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 did not pay KRW 26,130,00 in total within 14 days from the date of retirement, as stated in the list of crimes (excluding paragraph (1) above), including the amount of KRW 2,900,000,00 of workers E retired while working in the said workplace from December 9, 2015 to January 15, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, or A;

1. Application of Acts and subordinate statutes, such as a specification of daily labor cost payment, written confirmation of overdue wages, details of money and valuables in arrear, written approval for use, work log, etc., telephone statement, written payment agreement, and written statement of overdue payments;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

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. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is the user who runs the manufacturing business of machinery parts by ordinarily employing 13 workers under the trade name of “D” in the Busan Hong-gu C Building 201.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

Provided, That where special circumstances exist, the agreement between the parties shall be reached.