Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant, as the representative director of the D (main) located in the petition-gu C, is an employer who runs passenger transport business using 20 full-time workers.

1. Where a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and where there are special circumstances, the due date may be extended by mutual agreement between the parties concerned;

Nevertheless, the Defendant, at the foregoing place of business, worked from November 1, 2015 to December 31, 2018 and retired from the said place of business, did not pay the total of KRW 3,500,000 in the wages of November 1, 2018, and the total of KRW 1,500,000 in December 2018 within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, when a worker retires, pay retirement allowances within fourteen days from the time when the cause for such payment occurred when the worker retires: Provided, That the payment date may be extended under special circumstances, by mutual agreement between the parties concerned.

Nevertheless, the Defendant worked from November 1, 2015 to December 31, 2018 at the same place of business, and did not pay KRW 4,651,430 of retirement pay to the retired E within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Legal statement of E;

1. Application of Acts and subordinate statutes as a result of retirement allowance calculation;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Articles 44 and 9 of the Guarantee of Workers' Retirement Benefits Act (not being paid for each retirement allowance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 of the Criminal Act: