Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

The defendant is an employer who operates food manufacturing business using seven full-time workers at the same place as Sung-gu Seoul Special Metropolitan City Building C, Jung-gu, Seoul Special Metropolitan City, in which the F established in the name of E is substantially operated.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or 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 total of KRW 36,477,512 within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties, as shown in the attached crime list, including KRW 1,500,000, etc., of retired workers E, who worked as an employee from the said workplace from August 13, 2012 to August 31, 2015.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires.

However, in special circumstances, the payment date may be extended by mutual agreement between the parties. Nevertheless, the Defendant did not pay KRW 8,957,117 of the retirement allowance of retired workers E who retired from the said workplace as employees from August 13, 2012 to August 31, 2015, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Application of Acts and subordinate statutes on average wage and retirement allowance calculated on the legal statement E of the defendant's partial statement of witness E (15 pages of investigation records) e-mail (23 pages of investigation records), and details of each account transaction (90 pages, 102 pages, 113 pages, 131 page of investigation records);

1. Articles 109(1) and 36 (a) of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) regarding criminal facts, and the Guarantee of Workers’ Retirement Benefits.