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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is a person who employs seven full-time workers in Guro-gu Seoul Metropolitan Government (hereinafter referred to as “instant workplace”) and operates “D” (hereinafter referred to as “instant workplace”).
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 Defendant worked in the instant workplace from February 18, 2014 to October 10, 2018 and was employed in office as well as KRW 8,57,781, annual paid leave allowances paid on March 31, 2016, including KRW 652,860, and annual paid leave allowances paid on October 25, 2018, including KRW 3,105,570, and KRW 11,63,350, total paid annual paid leave allowances from October 18, 2018 to October 10, 2018, and was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the payment period, including KRW 8,50,00, total paid annual paid leave allowances from 3,105,570, and KRW 10,63,350,000 from the date of retirement to 30,580,000,000 of the instant wages within 18.
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 Defendant was serving in the instant workplace from February 18, 2014 to October 10, 2018 and retired workers E’ retirement allowances.