1. The defendant shall be punished by a fine of two million won;

2. 50,000 won where the defendant does not pay the above fine.

Punishment of the crime

The Defendant is an employer who is a representative of social welfare foundation D, which is located in the window C of Changwon City, and engages in the welfare service business by using 20 full-time workers.

When a worker retires, the employer shall pay all money and other valuables, such as wages, retirement allowances, etc., within fourteen days after the cause for such payment occurred.

Nevertheless, the defendant works in the above workplace from July 11, 201.

The worker E’s annual leave of absence on August 8, 2012 is 765,840 won and retirement pay 1,412,260 won, and from October 14, 2010 to his/her workplace.

On August 9, 2012, there was no payment of KRW 2,588,230 of the F's retirement pay to retired workers within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Each police statement to G, F, and E;

1. Details of calculation of average wages and retirement allowances, and application of Acts and subordinate statutes of each employment contract;

1. Article 109 (1), Article 36 of the Labor Standards Act (which does not pay an annual leave allowance) concerning criminal facts, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which does not pay an unpaid retirement allowance);

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades violating the Labor Standards Act with respect to E and violating the Act on the Guarantee of Workers' Retirement Benefits).

3. Selection of each alternative fine for punishment;

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

5. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

6. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.