Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is the representative of Seo-gu limited liability company C in Gwangju, who ordinarily employs 300 workers and operates chartered bus business.

1. When a worker dies or 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 may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working in the above workplace from January 31, 2018 to May 30, 2019.

Wages and annual paid leave allowances of retired D were not paid within 14 days from the date of retirement without an agreement between the parties, as shown in the attached Table 1, 2.

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 any cause for such payment occurred; and

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

Nevertheless, the Defendant is working in the above workplace from January 31, 2018 to May 30, 2019.

2,319,972 of retirement allowances of retired D was not paid within 14 days from the date of retirement without agreement between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to confirmation contents of telephone, etc.;

1. Article 109 (1) or 36 of the Labor Standards Act (the fact that wages and annual paid leave allowances are not paid) concerning criminal facts, Article 44 subparagraph 1 or Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that retirement allowances are not paid);

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;