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

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

Punishment of the crime

The defendant is the actual manager of the Dispute Resolution Co., Ltd. in B, and is an employer who runs the chartered bus business using 59 full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and 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, the defendant is working as a commuting bus driver from February 12, 2018 to June 30, 2019 at the above workplace.

The retired D's annual paid leave allowance of 26 days to 797,940 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. When a worker retires, the employer shall 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 is working as a commuting bus driver from February 12, 2018 to June 30, 2019 at the above workplace.

A retirement allowance of 2,177,090 won has not been paid to retired 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. The police statement of E and F;

1. Application of Acts and subordinate statutes to a written petition and report on internal investigation (the confirmation of money and other valuables in arrear);

1. Article 109 (1), Article 36 of the Labor Standards Act, Article 44 subparagraph 1, or Article 9 of the Guarantee of Workers' Retirement Benefits Act, which applies to facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment on the violation of the Labor Standards Act and punishment on the violation of the Act on the Guarantee of Workers' Retirement Benefits, which are heavier than that of the said Act);

1. Selection of an alternative fine for punishment;

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