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 user who conducts manufacturing business by employing three full-time workers as the representative director of the DD located in Daejeon-gu Daejeon (ju) Daejeon-gu.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or 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 the total amount of KRW 4,15,570, including KRW 1,833,340 in July 2017, the wage of KRW 1,833,340 in August 2017, and the wage of KRW 4,15,570 in September 2017 within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred; and

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

Nevertheless, the defendant worked in the above workplace from November 9, 2015 to September 8, 2017, and did not pay KRW 3,292,149 of retirement allowances retired from the above workplace within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. From April 5, 2017 to April 5, 2017, application of statutes on the statement of benefits, details of passbook transactions, and calculation of retirement allowances.

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 Act on the Guarantee of Workers' Retirement Benefits (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;