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, in the “C” located in Isan-si B, has two full-time workers.

It is an employer who runs retail business.

1. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where the employee dies or retires, pay the retirement allowance 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 worked in the above workplace from July 28, 201 to May 31, 2019, and did not pay KRW 8,142,305 of D retirement pay within 14 days from the time when the cause for the payment occurred without agreement between the parties on the extension of the due date.

2. An employer in violation of the Labor Standards Act shall clearly state wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver to the workers a written statement specifying the items and methods of calculating wages, methods of payment, contractual work hours, holidays, and annual paid leaves;

Nevertheless, the Defendant did not deliver to the employee a document stating matters concerning the constituent items, calculation method, payment method, contractual work hours, holidays, and annual paid leave when changing the wage condition of D on January 1, 2017 and January 1, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning D;

1. On January 1, 2017, the Defendant (i.e., the Defendant) was responsible for E with respect to the retirement allowance payment obligation that occurred prior to the acquisition of the instant workplace from E on January 1, 2017, and (ii) was unaware of the obligation to deliver a written statement specifying working conditions. However, the Defendant (i.e., the Defendant) was aware of all the evidence in its holding.