Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The defendant is the representative director of the Co., Ltd. in the KCAB, who operates a mobile phone parts manufacturing business using two full-time workers.

1. When 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 fourteen 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 did not pay 357,930 won of D’s wages in December 2017, 2017, 657,600 won of E’s annual settlement refund in October 16, 2017, and 1,600 won of E’s wages in February 2018, 2018, including 1,607,142 won in February 4, 2015 to January 31, 2018, respectively, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay KRW 1,976,580 from the date of retirement within 14 days from the date of retirement without an agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

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

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the violation of the Labor Standards Act against D and the violation of the Guarantee of Workers' Retirement Benefits Act) are 1.