Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a user who operates C and D in Gangnam-gu Seoul Metropolitan Government.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money, valuables, and retirement allowances within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay the total amount of KRW 225,806 and retirement allowances of KRW 3,270,696, and the total amount of KRW 3,496,502, and wage2, KRW 442,471, and KRW 4,253,226, and KRW 10,199, total amount of KRW 10,192 from April 16, 2018 to October 9, 2018, of KRW 2,442,471, and KRW 4,253,226, and KRW 199, in total, worked for workers from April 23, 2018 to October 9, 2018, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F and G;

1. Details of confirmation of telephone, etc. (Evidence No. 2, No. 84)

1. Application of the retirement certificate, receipt for tax withholding on retirement income, payment record, average wages and retirement allowances calculation statement, each pay table, Kakao Stockholm dialogue, employment contract, and provisions of the statutes governing each specification of transactions;

1. Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 16270, Jan. 15, 2019; Act No. 16270, Jan. 15, 2019); Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (which means the payment of retirement allowances) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the total amount of unpaid wages and retirement allowances paid by the defendant is a large amount, the defendant recognized the crime and against it, and the malicious payment of wages.