Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The Defendant is the representative of Seo-gu, Seo-gu and the fourth floor (ju) who is engaged in the educational service business with ten 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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant had worked in the said workplace from November 3, 2014 to May 20, 2016 and had retired from the next workplace on March 2016, the amount of KRW 500,259, the wage of KRW 1,500,00 for April 2016, and the wage of KRW 967,741 for May 2016, did not pay KRW 2,968,00 for the extension of the payment date without agreement between the parties concerned.

(b) Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred;

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

Nevertheless, the defendant had worked in the above workplace from November 3, 2014 to May 20, 2016 and did not pay 2,287,480 won of D retirement pay for the retirement pay of the next day to the end of 14 days from the date of retirement without agreement between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Written petition of D;

1. Application of Acts and subordinate statutes to report on investigation (report on verification of the payment of advanced D wages, etc.);

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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