Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The Defendant is the representative of Mapo-gu Seoul Metropolitan Government “C” and is an employer who employs three full-time workers and operates a single food store business.

When a worker dies or retires, the employer shall pay the wages, compensations, and 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, at the above workplace from September 1, 2015 to February 28, 2018, did not pay KRW 4,000,000,000, in total, of the wages of KRW 2,100,000 on January 2018, and February 2, 2018, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties on the extension of the due date.

(b) 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 may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the above workplace from September 1, 2015 to February 28, 2018, did not pay KRW 5,247,123 of D retirement pay 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 on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on the calculation of retirement allowances, savings passbook transactions;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;