Defendant shall be punished by a fine of 2.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The defendant is the representative of Guro-gu Seoul Metropolitan Government and A-dong 504, who is a user who operates parking facilities, machinery, and sales business using 18 full-time workers.
(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;
Provided, That if there are special circumstances, the date may be extended by the agreement of the parties.
Nevertheless, the defendant employed in the above workplace from October 26, 2015 to March 31, 2016, and employed in the above workplace as wages of 893,300 won in October 2015, and wages of 3,993,395 won in March 26, 2016 and working in the above workplace from August 26, 2004 to April 10, 2016 of E workers who retired from office did not pay wages of 2,50,000 won in March 26, 2016, wages of 83,333 won in April 2016, and two workers' total wages of 8,220,028 won in total within 14 days from the date of retirement without agreement between the parties on the extension of payment date.
(b) Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred;
Provided, That in special circumstances, the date may be extended by an agreement between the parties.
Nevertheless, the Defendant did not pay KRW 13,113,240 of retirement allowances of retired workers E from the above workplace from August 26, 2004 to April 10, 2016, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement protocol with D or E;
1. Application of the details of passbook, detailed statement of deposit transactions, statement of retirement allowance calculation, and detailed statement of salary payment Acts and subordinate statutes;
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 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