Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The defendant is the representative of the Gyeongdong-gun C gas station in Gyeongbuk-gun B and is a user who runs the wholesale and retail business of petroleum by using three full-time workers.

1. When an employee who violates the Labor Standards Act dies or retires, the employer shall pay him/her wages, compensations, and all other money and 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, on April 1, 2016, the Defendant did not pay 1,40,000 won of wages of 1,400,000 won of workers D retired from the said workplace on March 1, 2016, and 2,750,000 won of wages of 1,350,000 won of the retired workers E on March 1, 2016, within 14 days from the date of retirement without any agreement on the extension of the payment period between

2. Where an employer violates the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the retirement benefits within 14 days from the date on which the grounds for such payment occurred;

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

Nevertheless, on April 1, 2016, the Defendant did not pay the retirement allowances of 5,891,250 won of D’s retirement allowances, 5,732,060 won of E’s retirement allowances, and 11,623,310 won of retirement allowances of E’s retirement workers on the same day, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts and Subordinate Statutes concerning facts constituting an offense, Articles 109 (1) and 36 (Selection of Fines) of the Act on the Standards for Preliminary Employment, and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Retirement Benefits for Each Workers;

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code (the most serious penalty against concurrent crimes).