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, as the representative of Ansan-si, is an employer who runs a printing business using eight full-time workers, who are the representative of Ansan-si B.

1. When a worker dies or retires, the employer shall pay the wages, compensations, 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 did not pay 20,081,050 won, such as wages of 876,460 won, bonuses of 8,306,650 won, and bonuses of 8,306,650 won, as stated in the detailed statement of the money and valuables in arrears in attached Form, within 11,774,40 won, as well as 20,081,050 won, which had worked for a period from October 26, 2015 to March 31, 2020, within 14 days from the date of retirement without agreement on the 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 above employee D's retirement pay of KRW 8,846,072 was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Written statements of the defendant in court;

1. Application of relevant Acts and subordinate statutes to each authentic document, a statement on calculation of retirement allowances, and overdue money and valuables;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;