Defendants shall be punished by a fine of 2.5 million won.

The Defendants did not pay each of the above fines.

Punishment of the crime

Defendants are co-representatives of the F(G) corporation F(G) in Yongsan-gu, Youngyang-si and are employers who run retail business (comprehensive food center) with five full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 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 Defendants conspired to work in the said workplace from August 1, 2013 to July 24, 2017 and did not pay 6,99,690 won in total from April 1, 2017 to July 2017 of H’s retired workers from the said workplace, and did not pay 6,498,170 won in total from September 1, 2012 to October 20, 2017 of workers I retired from the said workplace within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

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 the cause for such payment occurred; and

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

Nevertheless, the Defendants conspired and did not pay 7,677,29 won for retirement allowance of H, and 10,050,625 won for employees I’s retirement allowance in collusion with the above workplace within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each petition of H and I;

1. A statement on the verification of the authenticity, the appellant, the representative and the agent confirmation;

1. Current status of I wages in arrears;

1. Application of Acts and subordinate statutes on September 13, 2017.

1. Defendants of the pertinent legal provisions on criminal facts: each of the former Labor Standards Act on November 28, 2017.