Defendant shall be punished by a fine of 200,000 won.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant, as the representative of the D Driving Institute in Daejeon Sung-gu C, is an employer who runs a private teaching institute business using five full-time workers.

1. When an employee retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement, unless otherwise agreed by the parties concerned about the extension of the due date for payment;

Nevertheless, the Defendant is working as an academic instructor from September 10, 2012 to October 12, 2012 at the above workplace.

The retired E's wage of 390,000 won in October 2012 was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The crime of the 2013 Highly 185 incident;

(a) When a worker retires, the employer shall pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant is working as a Korean language instructor from September 3, 2012 to November 19 of the same year at the above workplace.

The retired F's wage of 400,000 won in September 2012 was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

B. An employer shall not enter into a contract which stipulates penalty or amount of damages for nonperformance of an employment contract.

Nevertheless, the Defendant concluded a labor contract with F who worked as a Korean language instructor at the above workplace, and concluded a labor contract with F, which stipulates that the Defendant will not pay 400,000 won, which is part of the wages in September 2012, if he retires without working for one year.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of F’s written Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, the choice of punishment, and Articles 109(1) and 36 of the same Act, and Article 114 subparag. 1 of the Labor Standards Act.