A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

The Defendant is a corporation C (hereinafter referred to as “C”) located in Suwon-si, Suwon-si B.

The actual manager is a user who runs the manufacturing and construction business (telecommunications Corporation) using 60 full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 the total of KRW 94,919,00 from the date of retirement to 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline, as shown in the attached Table of Crimes, to D who worked as the general management team leader from June 16, 2016 to February 6, 2017.

2. If there exists an agreement between the parties, the hours for work as referred to in Article 50 of the Labor Standards Act may be extended within the limit of twelve hours per week.

Nevertheless, from June 16, 2016 to February 6, 2017, the Defendant had D, who worked as the head of the general management team, worked for 14.5 hours per week from December 26, 2016 to December 30, 2016, and had D, who worked for more than 12 hours per week.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement (D, E, and F) of the complainant's statement (E, D), statement of the public nature (A, E, and F);

1. Judgment on the argument of the defendant and his/her defense counsel

1. Summary of the assertion

A. The Defendant is not the actual manager of C, and is not the user status of D.

B. The extended working hours of D are Co., Ltd. (hereinafter “G”) unrelated to C.

Since it is time used to perform its duties, it is not recognized that the limit of overtime work is exceeded.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by this court as to the Defendant’s assertion that the Defendant is not the actual manager C, namely, C’s representative director.