Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is the representative C of the first underground floor in Gwangju Northern-gu, and is an employer who runs Internet shopping mall using four full-time workers.

1. An employer shall, if a worker retires, pay all money or valuables, such as wages, within fourteen days from the date of retirement, unless otherwise agreed by the parties concerned regarding the extension of the due date;

Nevertheless, the defendant works as a photographer from October 1, 2010 to March 8, 2013.

D's wages of 567,740 won in March 2013 did not be paid 14 days after the date of retirement without an agreement on the extension of the due date between the parties concerned.

2. An employer shall pay retirement allowances within 14 days from the date of retirement, unless otherwise agreed by the parties concerned with an extension of the due date for payment.

Nevertheless, the defendant works as a photographic technician from October 1, 2010 to March 8, 2013 at the above workplace.

The retirement allowance of 2,621,360 won was not paid until 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police on D;

1. Application of Acts and subordinate statutes to statements in the calculation of average wages and retirement allowances;

1. Relevant Article 109 (1) and the main sentence of Article 36 of the Labor Standards Act (which means the payment of unpaid wages), Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act, and the main sentence of Article 9 (which means the payment of unpaid retirement allowances) and the choice of fines concerning criminal facts;

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

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;