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 representative of corporation C in Jung-gu, Seoul and 10, who is a user who engages in software development business using nine full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and 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 worked from November 4, 2014 to March 31, 2016, and retired from office D’s wages of KRW 3,513,00 in March 2016 and did not pay KRW 30,859,293 in total for four workers within 14 days from the date of retirement without any agreement on extension of the due date between the parties.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant had worked from November 4, 2014 to March 31, 2016 and had retired from D's retirement pay of KRW 5,431,702 as well as KRW 11,960,232 in total for two employees, such as the written list of crimes in the attached Table, did not pay within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Written statements and written statements of each petitioner;

1. Details of each wage, retirement allowance, and arrears;

1. Each certificate of transfer;

1. Details of confirmation of each telephone, etc.;

1. Application of statutes on calculation sheets of average wages and retirement allowances;

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act.