Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. The Defendant in violation of the Labor Standards Act is the representative of D in Asan City, who was employed by nine full-time workers and operated the manufacturing business of automobile parts.

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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 1,740,240,00 in total, including the annual amount of unused annual allowances for the preceding year, which was incurred on February 16, 2017, and annual amount of KRW 963,840,00 in the preceding year, which was incurred on February 16, 2018, to E who worked for the period from February 16, 2015 to April 30, 2019, within 14 days from the date of retirement without agreement on extension 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 according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 11,721,317 of the retirement allowances E of workers as stated in the foregoing paragraph (1) within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the details of benefits, detailed statement of deposit transactions, and Acts and subordinate statutes certifying subscription to the National Pension Scheme;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (a violation of the obligation to liquidate money and other valuables);

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.