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 Pyeongtaek-si C and D Co., Ltd. with the first floor and is a user who runs a wholesale and retail business using six full-time workers.

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

Nevertheless, the Defendant did not pay KRW 148,00 from May 1, 2016 to May 26, 2017, the amount of KRW 148,00 out of the amount of divided wage of KRW 148,00 among the amount of divided wage of KRW 148,00 among the amount of divided wage of December 1, 2016, KRW 148,000 among the amount of divided wage of KRW 148,00 among the amount of divided wage of February 2017, KRW 148,948,000 among the amount of divided wage of KRW 1,948,00 among the amount of divided wage of March 20, 207, KRW 428,00 among the amount of wages of April 1, 2017, KRW 1,948,00 among the amount of wages of KRW 400,000 among the amount of wages of KRW 1,948,001.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Nevertheless, the Defendant did not pay KRW 1,891,477 of the retirement pay of E, who worked and retired as set forth in paragraph 1, within 14 days from the date of retirement, without any agreement between the parties on the extension of payment deadline.

Summary of Evidence

1. The Defendant’s written statement by the special judicial police for E’s legal statement of witness E (the Defendant and his defense counsel stated that advance payment already made to E from February 2, 2017 of E to the unpaid wages of E, advance payment made to E by subrogation of liability for damages to E, and the amount of indemnity arising from the unpaid retirement pay should be deducted, and the amount of retirement pay paid from the unpaid retirement pay should be deducted.

According to the evidence duly adopted and examined by this court, there is no objective evidence to prove that there was advance payment or subrogated payment of damages or retirement allowance paid by the defendant to E.