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 a person who is a manager of C, a corporation with the 25th floor of B, Dong, Dong, Sipo-si, and has operated an electronic equipment manufacturing business by employing 20 full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables 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 suspect worked in the above workplace from July 21, 2014 to March 4, 2016, and did not pay the wages of 1,064,277 won for November 2015, and the wages of 3,064,277 won for December 2015, and the wages of 3,063,477 won for January 2016, and 3,063,063,47 won for February 2016, and 2,028,196 won for March 2, 2016, within 14 days from the date of retirement, which is the date of the cause for the payment, without an 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

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

Nevertheless, the suspect worked from July 21, 2014 to March 4, 2016 at the same place of business and did not pay 5,552,839 won of retirement allowances for D who retired from the said place of business 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 on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

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