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 a person who actually operates a self-reliance hall for disabled persons in Nam-gu Incheon Metropolitan City B, and is a user who runs a grain processing business using ten full-time workers.

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

Nevertheless, the Defendant provided labor to the said workplace from around December 1, 2014 to April 30, 2018 and did not pay the total amount of KRW 3,147,540 [1,573,770 (amount of wages, February 2018) of the unpaid wages of retired workers D [1,573,770 won (amount of wages, February 2, 2018)] within 14 days from the date of retirement without agreement between the parties to the extension of payment period.

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

Nevertheless, the Defendant provided labor from December 1, 2014 to April 30, 2018 at the same place of business, and did not pay KRW 5,437,100 of retirement allowances of retired workers D within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Application of Acts and subordinate statutes of D;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a person shall be punished by a fine in consideration of the circumstances where the person has been sentenced to a fine for the same kind of reason for sentencing, but has failed to pay the unpaid wages and retirement allowances, and the liquidation of the unpaid wages and retirement allowances, the amount of unpaid wages and retirement allowances, character and conduct, environment, etc. of the defendant.