A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 2,00,000 won.

When the defendant does not pay the above fine.

Punishment of the crime

[2013 Highest 2807] The Defendant, as the representative director of the Company C (hereinafter “C”) located in B in Naju City, is an employer who runs the original decoration processing business using 20 full-time workers.

The Defendant did not provide D having worked in C from June 15, 201 to November 10, 2012 without having agreed on the extension of the due date with D, which was employed in C, within 14 days from November 10, 2012, and did not pay wages of KRW 5,256,540, annual paid leave allowance of KRW 424,950, annual paid leave allowance of KRW 2,575,040, which was the date of retirement of D.

In addition, the Defendant did not agree with seven workers as indicated in the attached list of crimes, and did not pay 51,142,170 won in total, annual paid leave allowances, and 424,950 won in total, annual paid leave allowances, and 2,575,040 won in total, within 14 days from each retirement date of the above workers.

Accordingly, the defendant did not pay wages and retirement allowances within 14 days from the date of worker's retirement.

[2013 High Court Decision 201721] The defendant is a representative director C, who ordinarily employs 20 workers and operates a original decoration processing business.

The Defendant did not pay KRW 9,587,850 of E’s wages, which he/she worked in C from July 19, 2012 to February 2, 2013, within 14 days from the date of his/her retirement, without any agreement between the parties on the extension of the due date.

Summary of Evidence

[2013 Highest 2807]

1. Defendant's legal statement;

1. Each statement of F, G, H, I, J, and K;

1. A written statement of D (2013 high-level 1721);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 (trades violating the Labor Standards Act with respect to D and violating the Guarantee of Workers' Retirement Benefits Act);

1. As to the violation of the Labor Standards Act with respect to selective type E of punishment, fines shall be imposed, and as to the rest of workers, the Labor Standards Act shall be imposed.