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

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

Punishment of the crime

[2019 Highest 2289]

1. An employer who violates the Labor Standards Act shall, if a worker dies or retires, pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

The defendant works in the above workplace from February 17, 2016 to October 31, 2018.

A retired worker D's wage of KRW 6,200,000 from September 2018 to October 2018 was not paid within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

2. Where an employer who has violated the Labor Standards Act intends to dismiss a worker, he/she shall give a notice of dismissal at least 30 days, and where he/she has not given such notice by 30 days, he/she shall pay the ordinary wages for not less than 30 days.

Nevertheless, on July 19, 2018, the Defendant dismissed E who worked for the said company without prior notice, and did not pay KRW 4,500,000 for the advance notice of dismissal.

3. 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

The Defendant is working in the foregoing workplace from March 2, 2016 to October 31, 2018.

The retirement allowance of retired workers D was not paid 8,092,495 won within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement prepared by each judicial police officer in relation to B and E;

1. A complaint;

1. A detailed statement of overdue money and valuables, average wages, and retirement allowance calculation statement;

1. Benefit ledger;

1. Application of Acts and subordinate statutes to the statement of accounts of retirement allowance and detailed statement of salary [ although D's seal is affixed to the list of withdrawal of a complaint, it is insufficient to recognize that the complaint was withdrawn by such intention, and there is no other evidence to acknowledge it otherwise];

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts (the point where money and other valuables are not settled);