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

The defendant is the representative of the Heung-gu building B and the two-story, who is an employer who operates a funeral-related service business by employing three full-time workers.

1. When a worker retires, the employer in violation of the Labor Standards Act shall pay all money and valuables, such as wages, within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant, at the above workplace from October 23, 2017 to May 8, 2019, did not pay KRW 3,000,000, total of KRW 34,000, and KRW 34,000,000, respectively, of the wages from May 2018 to April 2019, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date between the parties.

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 the 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, at the above workplace from October 23, 2017 to May 8, 2019, did not pay KRW 4,562,148 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. Statement by the defendant in court;

1. Each statement prepared by D;

1. Application of the Acts and subordinate statutes to report the offender's place, confirm the fact of telephone, and report the results of investigation;

1. Article applicable to criminal facts;

(a) Payment of wages: Articles 109(1) and 36 of the Labor Standards Act;

(b) Unpaid retirement benefits: Subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act.

1. Articles 40 and 50 of the Criminal Act concerning ordinary concurrences (Punishment on a violation of the Labor Standards Act heavier than the ordinary concurrences);

1. Selection of an alternative fine for punishment;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.