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 actual manager of Seo-gu Incheon, Seo-gu and 113, who runs the beauty and beauty business using three full-time workers.

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

Nevertheless, the Defendant did not pay the total of KRW 9,200,000 from April 30, 2014 to June 12, 2016, as well as KRW 2,400,00 of the D’s retirement wage in April 2016, as shown in the list of crimes in attached Form D, within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties.

2. When a worker retires from office, the employer who violates the guarantee of retirement benefits of the worker shall pay wages, compensations, and all other money and valuables within fourteen days after the ground for such payment occurred;

Nevertheless, the Defendant did not pay KRW 7,232,925, as well as KRW 5,06,540, which was employed in the said workplace from April 30, 2014 to June 12, 2016, for two retirement allowances, including KRW 5,006,540, which were retired from D, within 14 days from the date of retirement, without any agreement on the extension of the payment period between the parties concerned.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the petitioner with D;

1. Application of Acts and subordinate statutes to the calculation of D retirement allowances and E retirement allowances;

1. Article 109(1), Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 subparag. 1, and Article 9 of the Act on the Guarantee of Retirement Benefits for Workers (the point of default on retirement payment) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (only between the violation of the Labor Standards Act for D and the violation of the Labor Standards Act for Workers' Retirement Benefit Security Act, and between the violation of the Labor Standards Act for Workers' Retirement Benefits, and the violation of the Labor Standards Act for Workers' Retirement Benefit Security, respectively.