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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the representative director of the limited company C in Chungcheongnam-si, Chungcheongnam-si, who is an employer who runs the manufacturing business by employing 13 full-time workers.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all 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, from April 6, 2015 to June 30, 2016, the Defendant did not pay the total of KRW 75,607,240 of the wages of retirement workers within 14 days from the date of retirement without agreement on the extension of the payment date between the parties, including KRW 2,50,00 in the wages of KRW 1,218,750 on March 2016, and KRW 8,718,750 in the wages of KRW 2,50,00 from April 6, 2016 to June 6, 2016.

(b) Where an employee retires, an employer shall pay a retirement allowance 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 the total amount of KRW 8,358,766 of the retirement allowances of five retired workers, including KRW 3,061,869 of the employee D’s retirement allowances, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition and a detailed statement of arrears of each individual;

1. Application of Acts and subordinate statutes to the average wage and retirement allowance calculation statement, and wage ledger;

1. Article 109 (1), Article 36 of the Labor Standards Act for Criminal Facts, and Article 44 subparagraph 1, and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of not paying retirement benefits) of the relevant Act;

1. Article 40, Article 50 of the Commercial Competition Act (labor D, E, F, G, and H’s violation of the Labor Standards Act).