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 Gangnam-si C, and is the employer who operates a private teaching institute with three regular workers.

1. When a worker dies or retires, the employer violating 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 is working from June 11, 2012 to August 23, 2013 at the above workplace.

A retired worker D’s total of KRW 3,660,00 on June 6, 2013, KRW 2,500,000 on July 2013, and KRW 1,100 on August 2013, and KRW 3,60,000 on August 2013, did not pay KRW 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

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

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

Nevertheless, the Defendant is working from June 11, 2012 to August 23, 2013 at the above workplace.

The retirement allowance of retired workers D was not paid 2,258,039 won within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (the fact that retirement allowances are not paid and the choice of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.