Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is a user who runs a heavy restaurant business using four full-time workers as the D representative in Goyang-si C.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 2,966,666 within 14 days from the date of retirement, without agreement on the extension of the payment deadline between the parties, as wages of KRW 300,000 on June 6, 2017, and wages of KRW 2,50,000 on July 7, 2017, and KRW 166,66 on August 3, 2017.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, the defendant employed from June 3, 2014 to August 11, 2017 at the above workplace and did not pay 7,812,685 won of retirement pay E to retired workers within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A statement of reasons therefor;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

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 Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of each alternative fine for punishment;

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

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is that the Defendant is a user who runs a heavy restaurant business using four full-time workers as D representatives in Goyang-si C.

Defendant shall work and retire from office from June 3, 2014 to July 2, 2017.