Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant, as the C representative director of Gangseo-gu Seoul Metropolitan Government, is a user who runs the automobile maintenance business using five full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 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 employed in the above workplace from July 1, 2018 to August 10, 2019 and retired from the workplace from July 1, 2019, paid KRW 2,314,430 of D's wages in July 2019, KRW 1,290,320 of annual paid leave allowances, KRW 3,980,860 of annual paid leave allowances, and KRW 1,290,320 of E's retirement from July 1, 2018 to August 10, 2019, and did not pay KRW 3,980,857,790 of annual paid leave allowances within 14 days from the date of retirement without agreement between the parties on the extension of the payment period between the parties.

2. 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 case where the worker retires; and

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

Nevertheless, the Defendant employed in the said workplace from July 1, 2018 to August 10, 2019, and did not pay KRW 4,352,590, and the sum of KRW 8,705,180,00,000,000,000 from July 1, 2018 to August 10, 2019, as well as the retirement allowances of E retired from office, within 14 days from the date of retirement without agreement between the respective parties on the extension of the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. A petition of D or E;

1. The details of calculation of each average wage and retirement allowance, the details of calculation of the unused annual allowance (the actual submission), and the details of calculation of unused earnings of the petitioner (the actual submission), applying Acts and subordinate statutes;

1. Article 109(1) of the Labor Standards Act for Criminal Facts