Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is the representative of Mapo-gu Seoul Metropolitan Government Dispute Resolution D, located in 503, who operates service business using two full-time workers.

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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant had worked from August 1, 2013 to January 31, 2016 at the above workplace and had retired workers E’ wages of KRW 99,942 on November 1, 2015, and paid KRW 2,500,000 on December 2015, and KRW 5,09,942 on January 1, 2016, without agreement on the extension of the due date for payment between the parties, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment.

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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant is working from August 1, 2013 to January 31, 2016 at the above workplace.

The retirement allowance of retired workers E was not paid 6,124,178 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. Police suspect interrogation protocol of the accused;

1. E statements;

1. Application of Acts and subordinate statutes to a retirement allowance calculation statement, passbook copy, and benefit ledger;

1. Relevant Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines, respectively;

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