Defendant shall be punished by a fine of KRW 700,000.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The defendant is an employer who runs educational service business by ordinarily employing 50 workers as the representative director of the (ju)C in Gwangju Northern-gu.

2. Violation of the Labor Standards Act.

(a) An employer shall not conclude a contract which stipulates penalty or amount of damages for non-performance of an employment contract;

Nevertheless, on May 20, 2016, the Defendant entered into a contract to terminate a contract with the effect that “30% of the paid-in retirement benefits shall be deducted within three months or six months” when employing D at the above workplace.

(b) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 works in the workplace from May 20, 2016 to October 20, 2017.

A total of 3,384,710 won, such as 109,710 won, weekly leave allowances of 2,709,200 won, annual leave allowances of 565,800 won, etc., which is prohibited from being paid out of the retirement D, did not pay 3,384,710 won within 14 days from the date of retirement without an agreement between the parties.

3. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after any cause for such payment occurred; and

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

Nevertheless, the defendant works in the workplace from May 20, 2016 to October 20, 2017.

The retirement allowance of 1,609,042 won was not paid within 14 days from the date of retirement without agreement between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A written petition;

1. The benefit ledger, each statement of settlement, each respondent D wage delay, fact confirmation, and the calculation of D unpaid weekly paid leave allowances and the contract period.