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

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

Punishment of the crime

The defendant is the actual representative of the Co., Ltd. in Dongdaemun-gu Seoul Metropolitan Government, who runs an educational service business using seven full-time 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.

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

Nevertheless, the Defendant worked in the foregoing workplace from June 4, 2016 to September 15, 2017, and did not pay KRW 1,500,000 of G’s retirement in May 2017, 2017, wages of KRW 2,80,000,00 in August 2017, and wages of KRW 1,40,000, total amount of KRW 5,700,000 in September 2017, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked in the foregoing workplace from June 4, 2016 to September 15, 2017, and did not pay KRW 3,519,595 of G retirement pay to G retirement pay of the following year within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of G’s authentic Acts and subordinate statutes;

1. Article 109(1) and 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 Guarantee of Workers' Retirement Benefits Act (which refers to the payment of unpaid wages) on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The suspension of execution of Articles 70(1) and 69(2) of the Criminal Act for the detention of a workhouse is invalidated or invalidated;