Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The defendant is the representative of the LASJ in Suwon-si, who is a full-time worker and operates a manufacturing business with 80 full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or 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 same place of business, worked between May 20, 2013 and January 22, 2016 at the same place of business, did not pay the total of KRW 1,269,480 of the amount of wages of the retired worker on November 2015, and KRW 2,086,260 of the amount of wages on December 2, 2015, and KRW 1,090,840 of the amount of wages on January 2, 2016, KRW 4,446,580 of the amount of wages, ② From March 2, 2014 to January 22, 2016, KRW 1,507,590 of the amount of wages of the retired worker during the period from March 20, 2015 to KRW 60,100,000 of the amount of wages on December 1, 2015, KRW 106,3016 of the amount of wages.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

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

Nevertheless, the Defendant did not pay KRW 3,526,992, including the total of KRW 1,087,874, and KRW 2,439,118, and the total of KRW 3,526,992, who worked in the above workplace from May 20, 2013 to January 22, 2016, within 14 days from the date of each retirement without agreement on the extension of the payment deadline between the parties concerned.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Complaint;

1. A truth-finding statement;

1. A detailed statement of arrears with wages;

1. Application of respective Acts and subordinate statutes concerning salary specifications;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 109(1) and 36 of the Labor Standards Act concerning the selection of punishment (the point of overdue payment of wages and the fine);