Defendant shall be punished by a fine of 1.5 million won.

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

Punishment of the crime

During Ansan-si, the Defendant is an employer who manufactures electricity and radio wave parts using 50 full-time workers under the trade name of (State) C in the Gu.

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 14 days after the cause for such payment occurred, and may extend the date by an agreement between the parties concerned in special circumstances;

Nevertheless, the Defendant had worked from October 15, 2012 to July 7, 2016 at the said workplace, and had not paid KRW 3,340,200 of the wages of each employee D on June 6, 2015 to the said workplace within 14 days from the date of his/her retirement without agreement between the parties. Furthermore, the Defendant did not pay KRW 9,491,659 for the total amount of wages of four employees, as stated in the detailed statement of money in arrears in the attached Form, within 14 days from the date of his/her retirement without agreement between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, when the worker retires, pay the retirement allowance within 14 days after the ground for such payment occurred, and extend the payment date by mutual agreement between the parties concerned in special circumstances;

Nevertheless, the defendant employed from October 15, 2012 to July 7, 2016 at the above workplace and did not pay KRW 9,620,341 of the retirement allowances of retired workers D within 14 days from the date of retirement of the above D without the agreement between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A written petition and a list of petitioners;

1. Application of the bonus ledger for each worker (from January 7, 2016) and the employment contract statutes for each worker;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (a point of payment of unpaid wages);

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