Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is a full-time manager of the Nam-gu Incheon Metropolitan City Council for the settlement of disputes with I and 3 floors, who operates the manufacturing industry by employing 16 full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by an agreement between the parties where special circumstances exist.

Nevertheless, the Defendant worked in the foregoing workplace from March 26, 2014 to September 1, 2014, and did not pay KRW 17,987,504, respectively, within 14 days from the date of his/her retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date for payment of money and valuables, including KRW 1,009,982 of K's wages in June 2014 and wage 2,09,982 of August 2, 2014.

2. An employer shall, if a worker retires, 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 worked from September 1, 2013 to August 31, 2014 at the above workplace, and did not pay KRW 1,512,671 to retired M's retirement pay within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement ofO, S, P and L;

1. Application of Acts and subordinate statutes to a statement of the petitioner;

1. Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning criminal facts;

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;