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

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

Punishment of the crime

The defendant is the representative director E in the Gangnam-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., who operates the heat treatment facilities supply business using three 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;

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

Nevertheless, the Defendant had worked from May 3, 201 to July 31, 2013 at the foregoing workplace, and had not paid the total of KRW 43,225,410, as shown in the attached crime list, as well as KRW 1,036,940 in August 201, as well as KRW 43,225,410, as described in the attached crime list, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date.

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

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

Nevertheless, the Defendant, while working in the foregoing workplace from May 3, 201 to July 31, 2013, did not pay KRW 5,629,678 of the F's retirement pay to retired workers within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A statement which is authentic of the F;

1. Inquiry into workplace information and employment insurance information;

1. Application of Acts and subordinate statutes on certificates of delayed payment of wages, details of retirement allowances unpaid, and details of benefits;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of an alternative fine for punishment;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.