Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant is a C representative in Yeongdeungpo-gu Seoul Metropolitan Government and the second floor, who employs three regular workers and operates a broadcasting service business.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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.

Nevertheless, the Defendant, at the above workplace from March 1, 2013 to April 30, 2015 and retired from office, did not pay KRW 1,800,000 for May 1, 2014, the monthly wage of KRW 1,80,000 for June, and KRW 2,00,000 for April 2015, and KRW 100,970 for year-end settlement refunds in April 2014, and KRW 5,70,970 for year-end settlement refunds in April 2014 without agreement between the parties to the extension of payment deadline.

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

Nevertheless, the Defendant did not pay KRW 4,236,812 of D retirement pay within 14 days from the date of retirement without an agreement between the parties to the extension of the payment deadline, while serving as from March 1, 2013 to April 30, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to D and E;

1. Application of employment contracts, payment records, receipt for retirement income withholding tax/payment records;

1. Article 109 (1) and Article 36 of the Labor Standards Act related to criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where payment of retirement allowances is not made);

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;