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

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

Punishment of the crime

The defendant is the representative director of C, a corporation in Asan City, who runs automobile parts manufacturing business using 20 full-time workers.

[2018 High 485]

1. 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 cases where the worker retires;

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

Nevertheless, the Defendant did not pay D retirement pay of KRW 2,130,950, and ② retirement pay of KRW 2,145,734, and ③ F retirement pay of KRW 5,145,136, and ④ retirement pay of KRW 7,416, and KRW 16,838,838, and KRW 120,00, working from September 19, 2016 to December 11, 2017 at the same place of business as the above place of business, to KRW 5,145,136, and ④ From April 7, 2014 to November 30, 2017, a total of KRW 16,838,120, and KRW 144,00 from the date of mutual agreement between the parties on retirement without the due date.

2. When a worker dies or retires, the employer who has violated the Labor Standards Act (violation of obligation to liquidate money or valuables) shall pay the wages, compensations, and other money or valuables 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 KRW 21,232,189, respectively, within 14 days from the date of retirement, including KRW 1,33,30, Nov. 1, 2017, when he/she worked at the above workplace from March 6, 2017 to December 11, 2017, including KRW 1,33,330, as well as KRW 21,232,189.

3. An employer who violates the Labor Standards Act (delivery of a labor contract) shall pay workers wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree when concluding a labor contract;