Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is the actual management owner of the Gangnam-gu Seoul Metropolitan Government Dispute Resolution Co. 204, who operates a building business with ten regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the defendant has worked from June 21, 201 to November 10, 201 at the above workplace.

A retired worker E’s wage of June 201, 336,970 won, wage of 1,670,195 won from July 201 to October 201, and wage of 507,683 won, retirement allowance of 2,50,520 won on November 201, 201, did not pay 10,025,953 won within 14 days from the date of retirement without agreement for extension of the due date between the parties concerned.

Summary of Evidence

1. Legal statement of witness E;

1. A E-document;

1. Application of Acts and subordinate statutes on a petition;

1. Article 109(1) and Article 36 of the Labor Standards Act on criminal facts, Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (wholly amended by Act No. 10967, Jul. 25, 2011); and each decision of fine [the prosecutor was indicted by applying the Labor Standards Act on the non-payment of retirement allowances among the facts charged in the instant case, but the Act on the Guarantee of Workers' Retirement Benefits was enacted by Act No. 7379, Jan. 27, 2005 and entered into force on Dec. 1, 2005, Article 34 of the Labor Standards Act provides that “The retirement benefits system that an employer pays to a retired employee shall be governed by the Act on the Guarantee of Workers' Retirement Benefits, and the employer fails to pay retirement allowances to an employee within 14 days after the date on which the cause for the payment occurred, and thus, the part of the Labor Standards Act ex officio applies to this part.