Defendant shall be punished by a fine of KRW 1,000,000.

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

Criminal facts

The Defendant is an employer who employs four full-time workers in Gangnam-gu Seoul and operates the convenience store "C" in Gangnam-gu, and is working from August 28, 2017 to October 18, 2018 at the above workplace.

The retirement worker D did not pay 2,081,80 won in total and 1,523,254 won in total as stated in the attached list of crimes, such as weekly leave allowances for November 2017, and retirement allowance of 1,523,254 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. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused (including attached documents);

1. The Defendant’s assertion on the Defendant’s written statement of statement (including attached documents) of the police with D, asserted that the Defendant did not have any obligation to pay the weekly holiday allowance and retirement allowance, as the Defendant entered into a labor contract with D with D, determined wages including both weekly holiday allowance and retirement allowance, and paid all wages therefrom. However, there is no evidence supporting the Defendant’s above assertion that the Defendant paid wages including weekly holiday allowance and retirement allowance at the time of entering into the labor contract with D.

(In criminal cases, the burden of proof of guilt is borne by the prosecutor, but with respect to the existence of the above circumstances alleged by the defendant, the defendant is actually responsible for submitting considerable evidence about it. Therefore, the above assertion by the defendant is rejected.

Application of Statutes

1. Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts, the main sentence of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement allowances);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;