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 a person who actually operates C in Soyang-gu B and 5 stories.

From August 3, 2017 to September 27, 2019, the Defendant served as a person in charge of accounting at the pertinent workplace and did not pay KRW 1,870,400 of annual leave allowances and retirement allowances and KRW 3,581,239 of retirement allowances of D who retired from the said workplace within 14 days from the date on which the cause for the payment occurred, without an agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's partial statement of witness D in his/her statutory statement to the defendant, the detailed statement of payment of benefits and retirement allowances, details of deposit of payment of wages and retirement allowances, details of passbook transactions of deposit of accounts for retirement allowances, and data of duplication of commuting cards to and from the workplace, as stated in each special judicial police examination protocol (Preparation of June

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 17326, May 26, 2020) on criminal facts; Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (which shall not be paid for retirement);

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion of the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act regarding the annual leave allowance and determination thereof

A. The Defendant, including D, agreed to use the annual leave when he/she intends to take a holiday on a public holiday, while his/her employees including D and public holidays are working on a public holiday. As such, the Defendant is not obliged to pay annual leave allowances.

B. Article 62 of the Labor Standards Act provides that an employer may, pursuant to a written agreement with a worker’s representative, allow a worker to take a leave on a particular working day in lieu of an annual paid leave under Article 60.

In light of the legislative intent of the above provision, it is essential to replace the annual paid leave with the unpaid leave of absence.