Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The defendant is the representative of the Dispute Resolution Co., Ltd. in Pyeongtaek-si B and is an employer who runs a manufacturing business using ten 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;

Nevertheless, the defendant employed from October 4, 2013 to February 28, 2015 at the above workplace and did not pay 1.5 million won of the annual paid leave allowances (in the event of retirement) of DD, within 1.5 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

2. Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred;

Nevertheless, the defendant employed from October 4, 2013 to February 28, 2015 at the above workplace and did not pay KRW 4,216,438 of D retirement pay within 14 days from the date of retirement without an agreement between the parties to the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D’s authenticity and written statements;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits (which shall not be paid for retirement);

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;