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

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

Punishment of the crime

The defendant is the representative director of C, an incorporated association in Changwon-si Mhap-si B, who runs educational service business using nine regular workers.

1. The Defendant in violation of the Labor Standards Act is working at the E elementary school located in Changwon-si Member D, Changwon-si, from March 1, 2017 to February 28, 2018.

The retirement allowance of retired F, including KRW 479,680, was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the payment.

2. The Defendant who violated the Guarantee of Workers' Retirement Benefits Act shall work at the E elementary school located in Changwon-si Member D from March 1, 2017 to February 28, 2018.

The retirement allowance of retired FF, including KRW 959,373, did not pay KRW 3,038,326 in total for three employees within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

[A] The Defendant, upon entering into an employment contract with his/her employees, agreed on the average lecture hours per week, and the average lecture hours per week of his/her employees are less than 15 hours, and the Defendant did not bear the obligation to pay annual leave allowance and retirement allowance. (2) Even if so, the Defendant’s assertion that there is no intention in violation of the Act, since there is a ground for dispute as to the existence of the obligation to pay money to the employees. (a) As to the Defendant’s argument, the term “regular work hours” means work hours set between the employee and the employer (as for the employees whose average work hours per week are less than 15 hours, Article 2(1)8 and Article 2(1)4 of the Labor Standards Act and Article 2 of the annual paid leave.