Defendant shall be punished by a fine of KRW 2,500,000.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a representative director D (main) located in Yeongdeungpo-gu Seoul Metropolitan Government building C, who is an employer who provides educational services using four full-time workers.

1. When a worker dies or retires, the employer 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 mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked in the above workplace from August 1, 2016 to July 16, 2019, and paid KRW 1,600,000 on September 9, 2017 that was retired on the following day, and did not pay KRW 18,529,032 in total within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant worked in the above workplace from August 1, 2016 to July 16, 2019, and did not pay KRW 5,237,291 of the retirement pay of E retired on the following day within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E;

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

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

1. Article 62(1) of the Criminal Act of the suspended execution seems to have led to the confession of the Defendant and the delayed payment due to business management difficulties. As to the instant company, the rehabilitation procedure was initiated by the Seoul Rehabilitation Court 2018 Gohap1064.