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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

The remainder of the facts charged was dismissed on May 9, 2016 by the prosecutor's revocation of the prosecution.

The defendant is a user who operates software development and supply business using 15 full-time workers as the representative director of the Gangnam-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd. in the five floors.

(a) An employer in violation of the Labor Standards Act shall, if a worker retires, 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 did not pay KRW 4,228,752 as of the date of each retirement within 14 days from the date of each retirement without an agreement between the parties to the extension of the payment deadline, while working in the said workplace from April 16, 2014 to July 29, 2015 and retired from the said workplace, from D’s wages of KRW 20,451,063, and from September 3, 2012 to July 10, 2015.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

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

Nevertheless, the Defendant did not pay the retirement allowances of KRW 5,251,181, and KRW 8,900,242 from September 3, 2012 to July 10, 2015 of the retirement allowances of KRW 5,251,181, and KRW 8,900,242 from the date of each retirement within 14 days from the date of each retirement without agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition (E, D, F);

1. A written employment contract, average wage, and a written statement of retirement allowance (E);

1. Application of Acts and subordinate statutes of subparagraph (D) to each statement of benefits and calculation of retirement allowances;

1. Article 109(1) and Article 36 of the Act on the Standards of Labor Standards for Criminal Fact-finding and Selection of Punishment (the point of payment of wages), respectively;