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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

The defendant is an actual manager of the C located in the Dong-gu B and the first floor of Ansan-si, who runs a motor vehicle-related service business by employing five full-time workers.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the defendant at the above workplace from November 5, 2014 to September 8, 2016 and retired from the above workplace were paid KRW 3,420,000 in total of the wages of KRW 2,70,000 in August 8, 2016 and KRW 3,420,000 in September 20, 2016 and KRW 12,870,00 in total of the wages of three retired workers, as shown in the annexed crime list, did not reach an agreement on the extension of the payment date between the parties, respectively, for 14 days from the date of retirement.

2. An employer who violates a guarantee of retirement benefits of a worker shall, if the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred;

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

Nevertheless, the Defendant did not pay the retirement allowances of KRW 10,341,127, including KRW 5,470,97, retired retirement allowances of KRW 5,470,97 from November 24, 2014 to June 10, 2016, as well as KRW 10,341,127, respectively, within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each authenticity of E, D, F, and G;

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

1. Article 109(1) and Article 36 of the Labor Standards Act regarding facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for Workers.