Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The defendant is the representative director of the C Co., Ltd. in the third floor of Gangnam-gu Seoul Metropolitan Government, who employs one full-time worker and operates a wholesale and retail business.

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;

Nevertheless, the Defendant is working from July 26, 2004 to May 20, 2013 at the above workplace.

With respect to retired D's wages of 1,633,487 won in October 201 and wages of 2,366,690 won in April 201 from November 201 to April 2013, 44,233,907 won were not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

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

Nevertheless, the defendant works as above at the above workplace.

A retirement allowance of 3,525,440 won was not paid to retired D within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without an agreement between the parties to the extension of the payment

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement of D (including the attached "Calculation of Average Wages and Retirement Allowance") statute

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of unpaid retirement allowances);

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

1. Selection of an alternative fine for punishment;

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 of the provisional payment order;