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 an operator in charge of the dispute resolution committee in Suwon-si B Building 301, who runs a construction business using one full-time worker.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 did not pay 12,339,349 won, including the sum of D’s wages of 3,362,360 won on August 1, 2016, and wages of 1,90,000,000 won on September 1, 2016, as well as the sum of 5,262,360 won on September 2016, and 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant had worked in the above workplace from July 19, 2015 to September 19, 2016 and had not paid KRW 1,494,728 of E retirement pay within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the details of money and valuables in arrears;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on criminal facts (the fact that each of the wages is not liquidated), subparagraph 1 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, and Article 9 of the same Act on the Guarantee of Workers' Retirement Benefits (the fact that the wages are not paid);

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. It has been punished for the same criminal records as the reasons for sentencing in Articles 70(1) and 69(2) of the Criminal Act with the detention of the workhouse.