A defendant shall be punished by a fine of 500,000 won.

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 Pyeongtaek-si B, who is engaged in gold-type manufacturing business using ten full-time workers.

1. 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 from the date when the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the

The Defendant had worked from December 18, 2015 to December 31, 2018 at the same place of business and had not paid 8,729,811 won of retirement allowances of D (D, Egypt) that was retired from the said place of business within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

2. An employer who violates the Labor Standards Act shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding an employment contract, and shall deliver written statements in which the matters concerning the constituent items, calculation methods, and payment method of wages, contractual work hours, holidays under Article 55, and annual paid leaves under Article 60 are specified to workers;

When concluding a labor contract on December 1, 2015 with D that was employed and retired as stated in paragraph (1) at the above workplace, the Defendant did not deliver to the employee a written statement specifying matters concerning the constituent items, calculation method, payment method, contractual work hours, holidays under Article 55, and annual paid leave under Article 60.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written petition of D;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 44 subparagraph 1 of the Act on the Guarantee of Workers' Retirement Benefits, Articles 9 and 114 subparagraph 1 of the Labor Standards Act, Article 114 subparagraph 1 of the same Act and Article 17 of the same Act concerning criminal facts, the selection of fines;

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