Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The defendant is a user who is a representative of Yongsan-gu Seoul Metropolitan Government building B and (State D) located in subparagraph (C) and operates interior fisheries using one full-time worker.

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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the suspect had worked in the above workplace from January 1, 2012 to March 8, 2019 and retired from office on April 2018, 2018, and had not paid KRW 2,969,897,000 from the date of retirement within 14 days from the date of retirement without agreement between the parties on the extension of the due date, as stated in the list of crimes in the attached Table, including KRW 1460,220.

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 by an agreement between the parties in extenuating circumstances.

Nevertheless, the suspect did not pay 1,9760,859 won of retirement allowance E of retired workers after having worked in the above workplace from January 1, 2012 to March 8, 2019 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. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a retirement allowance calculation statement;

1. Article 109 (1) and Article 36 of the Labor Standards Act related to criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where payment of retirement allowances is not made);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;