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 corporation C in Gangseo-gu Seoul Metropolitan Government, and is a user who runs the business of manufacturing cosmetics using 20 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 or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant is working from April 1, 2009 to June 30, 2013 at the place of business located in the second floor of Seocho-gu Seoul Metropolitan Government D Building.

In May 2013, E’s retired workers E, including wages of KRW 2,300,00,000, the total amount of two retired workers did not pay KRW 7,664,280,00 for 14 days from the date of retirement without agreement between the parties to the extension of the payment due date, as shown in the attached list of crimes.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay him a retirement allowance within fourteen days from the date when the cause for such payment occurred; and

Nevertheless, the Defendant is working from April 1, 2009 to June 30, 2013 at the place of business located in the second floor of Seocho-gu Seoul Metropolitan Government D Building.

The retirement allowance of retired workers E, including 9,672,250 won, did not pay 19,44,848 won in total for three retirement allowances of retired workers, as shown in the attached list of crimes, for 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of F, G, H, and E;

1. A written calculation of each average wage and retirement allowance, each retirement allowance calculation, a business registration certificate, a certified transcript of corporate register, each receipt for tax withholding on retirement income, a payment record, a benefit ledger

1. Application of each relevant statute;

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

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

1. Selection of each alternative fine for punishment;

1. Aggravation for concurrent crimes;