A defendant shall be punished by a fine of 600,000 won.

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

Punishment of the crime

The defendant is the actual representative of the corporation C in Busan Gangseo-gu and the second floor, who is an employer who is a person in charge of business operation operating food distribution business using two full-time workers.

1. When a worker retires or dies, the employer shall pay the wages, retirement allowances, compensation, and all other money and 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 from June 20, 2016 to June 30, 2018 at the above workplace.

D's wages of 2,303,846 of June 2018 and retirement allowances of 4,525,334 won, total of 6,829,180 won were not paid within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

2. When an employer intends to dismiss a worker, he shall give the worker an advance notice at least thirty days prior to the dismissal, and when he fails to give such advance notice thirty days prior to the dismissal, he shall pay the ordinary wages for thirty days or more; and

Nevertheless, the Defendant did not promptly pay KRW 2,645,560 of ordinary wages for at least 30 days when dismissed on July 1, 2018 without giving 30 days’ advance notice of D who worked from June 20, 2016 at the said workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Summary statement of D;

1. Application of the salary specifications, retirement allowance calculation statement, business registration certificate, and statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act; Article 110 Subparag. 1 and Article 26 of the Labor Standards Act (in cases of failure to pay retirement allowances);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the violation of the Labor Standards Act due to the payment of wages, the violation of the Guarantee of Workers' Retirement Benefits Act due to the payment of retirement allowances, and the punishment imposed on the violation of the Guarantee of Workers' Retirement Benefits Act with heavier

1. Selection of an alternative fine for punishment;

1. Aggravation for concurrent crimes;