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 a representative of G (ju) located in the Republic of Korea, is an employer who engages in wholesale and retail business of automobile parts by employing six 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;

Nevertheless, the Defendant worked and retired from the said workplace from December 26, 2018 to December 31, 2019 (i.e., wages of KRW 6,681,100 on October 2, 2019 (i.e., wages of KRW 2,825,550 on November 2, 2019) and KRW 1,030,000 on December 25, 2019 to December 14, 2019, the Defendant did not pay KRW 1,967,890 on November 1, 2019 to the said workplace without any agreement on extension between the parties to the payment.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay him a retirement allowance within fourteen days from the date when the cause for such payment occurred; and

Nevertheless, the Defendant worked from December 26, 2018 to December 31, 2019 at the above workplace and did not pay KRW 3,085,155 of H's retirement pay 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. The defendant's written petition of H, and I's written statement;

1. Application of Acts and subordinate statutes to each payment record, a statement of calculation of retirement allowances, a business registration certificate, and each employment insurance inquiry;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 16270, Jan. 15, 201);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime of violating the Labor Standards Act against victimized workers H, the crime of violating the Guarantee of Workers' Retirement Benefits Act, and the punishment provided for the crime of violating the Labor Standards Act of which punishment is heavier).