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

The defendant is a user who conducts electronic commerce by using two full-time workers as the C representative in Gyeyang-gu Seoul Metropolitan City B 103.

1. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 2,231,370 of the D retirement pay from the above workplace to December 21, 2015, without agreement between the parties on the extension of the payment deadline, within 14 days from the date on which the cause for payment occurred.

2. When an employer concludes a labor contract, he/she shall clearly state wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the Labor Standards Act, and other working conditions prescribed by Presidential Decree to workers, and shall deliver written statements specifying the items constituting wages, the methods of calculating and paying wages, prescribed working hours, prescribed working hours, holidays and annual paid leaves to workers;

Nevertheless, the Defendant did not issue a document stating the items of wages, calculation method, payment method, prescribed hours of work, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the Labor Standards Act, while entering into an employment contract with D and retired from the said workplace from June 20, 2014 to December 21, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 44 subparagraph 1 of the relevant Act concerning facts constituting an offense, Article 44 subparagraph 1, Article 9 of the Act on the Guarantee of Retirement Benefits for elective Workers (a point of failing to pay retirement benefits and a fine), Article 114 subparagraph 1, and Article 17 of the Labor Standards Act (a point of not issuing written statements clearly stating working conditions);

1. Article 37 of the Aggravation of Concurrent Crimes Act.