Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

The defendant is the representative of the C Farming Cooperative located in Namyang-si, who operates agricultural products wholesalers using 12 full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred, unless the employer has agreed on the extension of the due date;

Nevertheless, the Defendant did not pay KRW 4,954,838 in total, including the amount of KRW 1,400,000 in June 1, 2015 and the amount of KRW 2,954,838 in August 2015, which had worked in the above workplace from July 1, 2014 to August 7, 2015, and the amount of KRW 21,264,512 in total, as indicated in the written statement of arrears in attached Form 2,954,838 in August 2015, within 14 days from each retirement date without any agreement between the parties on the extension of the payment date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days from the date of such retirement, unless otherwise agreed on the extension of the payment date;

Nevertheless, the Defendant did not pay KRW 5,801,755 in total, including D's retirement pay of KRW 3,132,310, and E's retirement pay of KRW 2,69,445, which had been employed during the same period at the same workplace from July 1, 2014 to August 7, 2015, within 14 days from the date of each retirement, even though there was no agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, D, and F;

1. Application of each average wage and retirement allowance calculation statement, and copies of bankbooks;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

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

1. In this case, selection of an alternative fine for punishment;