Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a user who operates an automation system manufacturing business using three full-time workers at a company located in Nam-gu Incheon Metropolitan City B.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, from April 1, 2017 to March 31, 2020, the Defendant provided labor to the said workplace and did not pay KRW 65,779,570 of the wages of retired workers D within 14 days from the date of his/her retirement without any agreement on the extension of the due 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

Nevertheless, from April 1, 2017 to March 31, 2020, the Defendant provided labor to the said workplace and paid 11,000,000 retirement allowances of retired workers D within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Business registration certificate, details of wages, withholding receipts for earned income, confirmation of payment agreement, and application of Acts and subordinate statutes on delayed payment;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of unpaid retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of the following circumstances.

The favorable circumstances: The defendant recognizes the crime and is expected to pay the unpaid wages and retirement allowances according to the contents agreed with the retired employee, and the circumstances that there is no record of punishment for the same crime: