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

The defendant is a representative of convenience stores located in Gwangju Metropolitan City North-gu B, and is an employer who runs convenience stores using one full-time worker.

(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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 6,672,635 in total, including the weekly holiday allowances of KRW 235,569, which were paid in April 2018 to employees D, who retired from the said workplace from around April 2018 to June 2020, within 14 days from the date of retirement without any agreement on the extension of payment date between the parties concerned.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the Defendant did not pay KRW 4,127,718 of retirement pay to the employee D, who retired from the said workplace from April 2018 to June 2020, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on deposit details of passbooks of each employment contract and details of calculation of retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;