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

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

Punishment of the crime

The defendant is the actual manager of C Co., Ltd. located in Busan City, who is an employer who conducts a manufacturing business using eight regular workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker 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.

Nevertheless, the Defendant worked from October 24, 2013 to March 31, 2019 at the above workplace, and did not pay KRW 1,861,540 to retired workers D in March 2019 within 14 days from the date of his/her retirement without an agreement on the extension of the due date between the parties.

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 of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked in the said workplace from October 24, 2013 to March 31, 2019, and worked in 10,438,761 won of retirement allowances of retired workers D and in the said workplace from September 6, 2017 to October 25, 2018, and did not pay 2,605,044 won of retirement allowances of retired workers E within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

Summary of Evidence

1. The accused’s written accusation and each written complaint in F’s statement in court;

1. Application of statutes governing the confirmation of facts, such as the statement of statement and the payment contract to be submitted, the details of salaries (D, E), D on March 2019, and the details of salaries E on July 10, 2018 to each telephone, etc.

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019); Article 44 Subparag. 1 of the Act on the Guarantee of Workers’ Retirement Benefits.