When the defendant does not pay the above fine, 100,000 won.

The defendant is the employer who runs the taxi transport business using 30 full-time workers as the representative of the C(Joint) located at the beginning of the Si.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, and other money or valuables within 14 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 January 1, 2014 to June 22, 2018 at the same place of business, and had not paid the total of KRW 1,780,645 in May 2018 and annual allowances of KRW 3,604,821 in total, 5,385,466 within 14 days from the date of retirement without agreement between the parties to the extension of the due 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 the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked from January 1, 2014 to June 22, 2018 at the foregoing workplace and did not pay KRW 11,378,262 of D retirement pay 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. Statement made to D by the police;

1. Application of Acts and subordinate statutes on details of passbook transactions, payment records, rules of employment, annual leave occurrence books, calculation details of overdue money and valuables, calculation details of retirement allowances;

1. Article 109 (1), Article 36 of the Labor Standards Act on criminal facts, Article 44 subparagraph 1, and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (a point where payment of retirement allowances is not made);

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's mistake in sentencing of Article 334 (1) of the Criminal Procedure Act is applicable to the provisional payment order.