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, as the representative of the Dispute Resolution Co., Ltd. in Gwangju Mine-gu, is a user who runs a manufacturing business ( assembly of electronic equipment) 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;

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

Defendant did not pay KRW 224,640 as wages in September 2, 2017, KRW 634,060 as wages in October 2017, and KRW 815,220 as wages in November 2, 2017, and KRW 1,673,920 as wages in November 2017, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

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

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

Defendant did not pay KRW 2,00,000 of retirement allowances of E retired from the said workplace as production workers from October 5, 2015 to November 12, 2016, and KRW 1,600,000 of retirement allowances of F retired from employment as production workers from February 1, 2014 to April 30, 2015, within 14 days from each date of retirement without any agreement between the parties on the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of respective Acts and subordinate statutes of E, F and D;

1. Article 109 (1) and Article 36 of the Act on the Standards for Selective Labor, Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Retirement Benefits for Workers, and the Selection of each fine for a crime;

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

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

1. The order of provisional payment;