Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is the representative director of Sungwon-si Co., Ltd. D, which has a building C, 307 in Changwon-si, and employs five full-time workers.

When a worker dies or retires, an employer shall provide him/her with wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 9,227,255, including the total amount of KRW 2,00,000 in December 3, 2017, and the annual paid leave allowance of KRW 33,30,300 in January 2018, and the annual paid leave allowance of KRW 4,893,95 in the said workplace from August 3, 2015 to February 1, 2018, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Articles 44 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits (the fact that a worker is unpaid from retirement) concerning criminal facts;

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

1. Selection of an alternative fine for punishment;

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

1. When considering the meaning of the wage and retirement allowance to a worker with reasons for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment, it is not easy that the defendant did not pay the wages in arrears and retirement allowances of the retired worker.

However, the defendant is suffering from wrong and is in depth against the defendant.

It seems that the deterioration of management situation led to this case, and there is no special circumstance to criticize the defendant, such as embezzlement or gross managerial malpractice.

Since the amount of money and valuables in arrears is not much much, it was paid to the victim about 8 million won by substitute payment, it was restored to a considerable part of the damage.

(2).