Defendant shall be punished by a fine of KRW 800,000.

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

Punishment of the crime

The Defendant, as an individual branch owner, is an employer who runs transportation business by dump trucking six dump truck in Daejeon-gu Seoul and employing six full-time workers. A.

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 may be extended by mutual agreement between the parties in extenuating circumstances.

However, the Defendant did not pay KRW 700,000,00 for May 3, 2014, which worked in the said workplace from April 3, 2012 to May 31, 2014, within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

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

However, the Defendant did not pay KRW 5,075,163 of the Workers E retirement pay within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes on the calculation of unpaid retirement allowances;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts, Articles 109 (1) and 36 of the Act on the Selection of Punishment, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the point of payment of retirement allowances and the selection of fines);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. A retirement allowance of 136,000 won per month was paid in accordance with the alleged retirement allowance installment arrangements.

2. According to the evidence of the judgment, the defendant and E are substantial.