Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

The defendant is the actual manager of the Co., Ltd. C in Ansan-si, who is engaged in electrical construction business with two full-time workers.

1. 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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the defendant is working from June 10, 2013 to December 31, 2018 at the above workplace.

A retired worker D’s unpaid wage of 1.1 million won on November 2018, 2018, wage of 3.1 million won on December 2018, 2018, total of 4.2 million won, and labor from March 1, 2013 to December 31, 2018.

A retired worker E’s 90,000 won of unpaid wages, 1 million won of unpaid wages on December 2018, 2018, and 1.9 million won of unpaid wages, and 1.9 million won in total, were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. 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 a cause for payment occurs; and

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 as described in paragraph (1).

The retirement allowance of retired workers D was not paid KRW 16,874,590 as well as KRW 13,718,870 as well as retirement allowance of workers E within 14 days from the date of retirement without agreement of the parties to the extension of the due date.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. Application of Acts and subordinate statutes reporting the results of an investigation, such as a petition, petition, telephone, etc. confirmation details, acquisition of investigative data, and reporting thereon;

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, and Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act.