Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

The defendant is an employer who employs eight full-time workers in Seocho-gu Seoul Metropolitan Government B building and operates a motor vehicle siren business.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and 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 did not pay 14,80,000 won for two workers as well as 400,000 won for June 2019 of C retired from the above workplace as from February 10, 2017 to November 6, 2019, without agreement between the parties on the extension of the payment deadline, respectively, within 14 days from the date of retirement where the cause for payment occurred.

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

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

Nevertheless, the Defendant did not pay KRW 6,432,39 of retirement allowances of C retired from the said workplace from February 10, 2017 to November 6, 2019, within 14 days from the date of retirement in which the grounds for payment occurred, without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, D, and E;

1. A petition filed by C or D;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to the facts constituting an offense, as prescribed in Articles 109(1) and 44 Subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (C's violation of the Labor Standards Act and the violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act, and punishment imposed on the violation of the heavier Labor Standards Act).