The defendant is the employer who is the representative of the B Apartment-si Council of Residents (chairperson) located in the B Apartment-si, Chungcheongnam-si, and is engaged in apartment management business with eight full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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, on November 15, 2012, the Defendant did not pay KRW 50,00 (50,000) for the difference of the monthly wage in January 15, 2012, KRW 50,000 for the difference of wage in February 2012, KRW 20,000 for the difference of wage in March 2013, KRW 416,670 for the difference of wage in September 2012, KRW 1,852,50 for October 2012, and KRW 864,490 for the total amount of wages, including KRW 3,253,660 for the unpaid paid leave, KRW 1,060 for the annual paid leave, and KRW 4,313,60 for the delayed payment, which occurred from his/her employee’s retirement, within 14 days from the date on which the cause for the payment occurred between the parties concerned without agreement on the extension date.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 2,641,380 of retirement allowance C of retired workers on November 15, 2012 at the same place of business within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the payment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. Details of the settlement of benefits and retirement allowances;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts, and Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefits Guarantee Act (the point of arrears of retirement allowances).