Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the representative of D in Seoul Jung-gu C and 1st, who is a user who conducts the clothing manufacturing business using four full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

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

[2018 High 421] Defendant E did not pay the total of KRW 1,00,000 paid in February 2, 2016 to retired workers E who worked from the said workplace from October 26, 2015 to April 2, 2016, and KRW 2,000,000,000 in March 2016, within 14 days from the date of retirement, which is the date of the cause of payment, without agreement on extension of the payment deadline.

[2018 High 494] Defendant Company did not pay the total of KRW 1,350,000 in January 2, 2016, and KRW 1,500,000 in February 2016 to retired employees F, who worked in the said workplace from October 23, 2015 to February 2, 2016, within 14 days from the date of retirement, which is the date when the cause for payment occurred, without agreement on extension of the payment deadline.

[2018 High 884] Defendant Company was working in the said workplace from March 15, 2015 to June 30, 2015, and Defendant Company did not pay KRW 1,400,000,000 in total for retired workers G in May 2015, and KRW 1,40,000,000 in June 2015, within 14 days from the date of retirement, which is the date of the occurrence of the relevant payment cause, without agreement on the extension of the payment deadline.

Summary of Evidence

[2018 High Court Decision 421]

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. E’s written petition (2018 Goyun 494);

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. F’s written petition [2018 high-level 884];

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written complaint of G;

1. Application of Acts and subordinate statutes on location photographic data;

1. Articles 109(1) and 36 of the Labor Standards Act, and the selection of fines for criminal facts;

1. Article 37 of the Aggravation of Concurrent Crimes Act.