Defendant shall be punished by a fine of two 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 Heak-gu Seoul Metropolitan City, who runs a manufacturing business with 11 full-time workers.

1. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after any cause for such payment occurred;

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

Nevertheless, the Defendant is working from March 6, 2017 to October 31, 2019 at the same workplace.

The retirement allowance of retired workers D was not paid 6,680,705 won within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of payment due to special reasons.

2. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant is working in the above workplace from March 6, 2017 to October 31, 2019.

The 12,431,601 won in total, including the wage of 1,929,271 won in June 2019, the wage of 2,583,340 won in July 2019, the wage of 2,583,340 won in August 2019, the wage of 2,667,825 won in September 2019, the wage of 2,667,825 won in October 2, 2019, and the wage of 12,431,601 won in October 2, 2019, without any agreement between the parties on the extension of the payment date due to a special reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on a petition;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of an alternative fine for punishment;