Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

The defendant is the representative of the corporation C in Seocho-gu Seoul Metropolitan Government, Seocho-gu and the second floor, who is an employer as a person in charge of business operation who engages in manufacturing business with ten regular workers.

1. When a worker retires, the 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 of payment may be extended according to an agreement between the parties in extenuating circumstances.

The Defendant, at the same place of business, worked on May 14, 2018 to November 15, 2019 and worked on November 15, 2019, did not pay KRW 25,350,000 as wages of KRW 5,60,000 for July 2019, and monthly wage of KRW 5,60,000 for September 5, 200, monthly wage of KRW 5,600,600 for October 10, and monthly wage of KRW 2,950,00 for November 14, 201, within 14 days from the date of retirement 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 according to an agreement between the parties in extenuating circumstances.

The Defendant had been working in the said workplace from May 14, 2018 to November 15, 2019 and did not pay 8,269,922 won of retirement allowances of retired workers D within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition for statement filed by the police with D, certificate of career, statement of salary, details of transactions, withholding receipts for earned income, average wages and retirement allowances calculation, confirmation of overdue amount, and application of Acts and subordinate statutes governing business registration

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where payment of retirement allowances is not made);

1. Articles 40 and 50 of the Criminal Code of Trade and Trade are more severe.