Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

The defendant is an employer who is the representative of the C Association, a corporate body located in the Gu, and is engaged in educational service business with two full-time workers in the city of Gyeongnam-si.

If a worker in arrears with wages dies or retires, the employer shall pay him/her wages, compensations, and all other money and valuables within 14 days from the time the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Defendant did not pay KRW 2,358,875, total amount of wages in two titles, including wages 1,056,275, and E (C instructor work from March 6, 2017 to March 25, 2019) on March 3, 2019 of D (accounting and general affairs from September 19, 2016 to March 25, 2019) that retired from the said workplace, within 14 days from the date on which the cause for payment occurred, without any agreement on extension of the payment date between the parties.

2. An employer who fails to pay a retirement allowance shall pay a retirement allowance within 14 days from the date on which the grounds for payment occur, in cases where the employee retires.

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Defendant did not pay the total amount of KRW 6,307,291, including two retirement allowances of KRW 3,676,470 and E, including KRW 2,630,821, as well as KRW 3,670,821, within 14 days from the date of the occurrence of the cause for the payment, without any agreement between the Parties on the extension of the payment date.

Summary of Evidence

1. The Defendant’s partial statement and statement (public trial records) D, E’s written contract, wage ledger, materials for payment, and judgment [the Defendant and the defense counsel stipulated that “in the event that the period is less than one month, the hourly calculation” under the labor contract is “in the event that the period is less than one month, the Defendant and the defense counsel are calculated on an hourly basis” and thus, the Defendant and the defense counsel paid the monthly wage in whole, even if the worker did not remain working on a month, and there was an amount paid in excess