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

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

Punishment of the crime

The defendant is the representative of the Dispute Resolution Co., Ltd. in Ansan-gu B and 201, who is an employer who operates a contracting business by employing 14 workers.

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

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

Nevertheless, the Defendant did not pay KRW 4,738,630 of E’s retirement allowances, which had been in accounting account from December 1, 2010 to May 22, 2014, within 14 days from the date on which the cause for the payment occurred without agreement on the extension of the due date.

2. When an employer intends to dismiss (including dismissal for managerial reasons) a worker, he/she shall give the worker a prior notice at least thirty days, and if he/she fails to give such prior notice by thirty days, he/she shall pay the ordinary wages for not less than thirty days.

Provided, That the same shall not apply where it is impossible to continue the business due to natural disasters, accidents, or other inevitable circumstances, or where the worker intentionally interferes with the business or causes property damage and falls under the causes as determined by Ordinance of the Ministry of Labor.

Nevertheless, the suspect was dismissed as of May 22, 2014 from the place of business on December 1, 2010 to E who was employed and worked in accounting as a member of the above place of business on December 1, 2010 and was dismissed as of May 22, 2014, and did not immediately pay 1.4 million won equivalent to the amount of ordinary wages for 30 days on the date of dismissal.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 110 subparagraph 1 of the Labor Standards Act, Article 26 of the Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and selection of fines, respectively, concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.