Defendant shall be punished by a fine of 2.5 million won.

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

Punishment of the crime

The defendant is the actual operator of the C in Gwangju Mine-gu, who runs the distribution business using two full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant is working from December 1, 2014 to December 21, 2018 at the above workplace.

A retired worker D’s wage of 180,000 won on September 2018, 2018, wage of 180,000 won on October 2018, wage of 80,000 won on November 2018, wage of 80,000 won on November 2018, and total of 1,558,060 won on December 2018, and 2,718,060 won on December 2018, and 2, for the same period.

A retired worker E’s total amount of KRW 5,436,120 on September 2018, 201, wage of KRW 180,000 on October 10, 2018, wage of KRW 800,000 on November 2018, and wage of KRW 2,718,060 on December 2018, did not pay KRW 5,436,120 on the date of each retirement within 14 days without any agreement on the extension of the due date between the parties.

2. Where an employer in violation of the Guarantee of Workers' Retirement Benefits Act retires, the employer shall pay retirement allowances within 14 days from the date when grounds for such payment occurred, unless the payment has been extended by agreement between the parties concerned.

Nevertheless, the Defendant is working from December 1, 2014 to December 21, 2018 at the above workplace.

Retirement allowance of retired workers D, 6,166,483 and 2. The same period of service shall be applied to retired workers D.

The retirement allowance of retired workers E was not paid KRW 15,32,966 in total, including KRW 9,166,483, etc. within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

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

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not being paid a retirement allowance); and

1. Trade name;