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

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

Punishment of the crime

The defendant is the representative of Guro-gu Seoul Metropolitan Government D Co., Ltd., which ordinarily employs seven full-time workers and operates wholesale and retail business.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant worked in the above workplace from December 29, 2008 to September 18, 2018, and did not pay the total of KRW 3,937,500 in July 2018, and the total of KRW 3,937,500 in August 2018, and KRW 10,237,50 in September 2, 2018 within 14 days from the date of retirement, which is the date of occurrence of the cause of payment, without agreement between the parties to 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 by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked in the above workplace from December 29, 2008 to September 18, 2018, and did not pay 37,713,954 won of retirement pay E of retired workers within 14 days from the date of retirement, which is the date of occurrence of the cause of payment, without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes of the E’s authenticity and written statements;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.