Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is an employer who uses three full-time workers as a representative of corporation C in Ansan-gu, and operates a wab machinery manufacturing business and software development business.

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 worked in the above workplace from July 2, 2015 to July 31, 2017, and retired from office D's wage of KRW 2,535,350 in January 2017, and the defendant did not pay KRW 26,629,310 in total of two wages, such as D, within 14 days from the date of retirement, without any agreement on the extension of the payment deadline between the parties concerned, as stated in the details of the attached money and valuables in arrears.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant had worked from January 1, 2015 to July 31, 2017 at the above workplace, and had not paid KRW 28,481,433 in total, including KRW 12,312,50 of retirement pay of E retired retirement pay, as stated in the statement of money and valuables in arrears in the attached Form, within 14 days from the date of retirement without any agreement on the extension of payment date between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, D, and F;

1. Application of Acts and subordinate statutes on details of overdue wages and retirement allowances;

1. Article 109(1), Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1, and Article 9 of the Act on the Guarantee of Retirement Benefits for Workers (the fact that a worker is not paid retirement) concerning facts constituting an offense;

1. The Commercial Concurrent Crimes Act.