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

The defendant is the representative of C Co., Ltd. located in Ji Government City B and is a full-time employer who runs the manufacturing business of paints and similar products using 17 full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and 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 6,507,194 within 14 days from the date of retirement without an agreement between the parties to the extension of the payment deadline, as well as KRW 2,66,67 of D’s wages on April 4, 2019, which were employed from January 29, 2018 to May 30, 2019, including the annual leave allowances of KRW 2,819,787, and the annual leave allowances of KRW 1,020,740.

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

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

Nevertheless, the defendant employed from January 29, 2018 to May 30, 2019 at the above workplace and did not pay KRW 3,554,511 of the D retirement pay within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Statement made by witnesses D among the protocol of examination of witnesses, other than the date of trial (exchanging the protocol on the date of fifth public trial);

1. Some statements made against the defendant during the police interrogation protocol;

1. A contract for employment of annual salary;

1. A detailed statement of benefits in April 2019 and a detailed statement of benefits in May 2019;

1. A detailed statement of annual allowances;

1. Application of Acts and subordinate statutes to a retirement allowance calculation statement;

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 17326, May 26, 2020) regarding criminal facts (which were not paid with wages and annual leave allowances) and the Guarantee of Workers’ Retirement Benefits.