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

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

Punishment of the crime

The defendant is an employer who employs five full-time workers in Nam-gu Incheon Metropolitan City C and operates D Co., Ltd.

When a worker retires, an employer shall pay the wages, compensations, and other money or valuables within 14 days thereafter, and shall pay him/her a retirement allowance within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the amount of KRW 4,200,000 and retirement allowance of KRW 3,002,054 within 14 days from the date of retirement or the date of occurrence of the cause of payment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement of witness E in the fifth public trial records;

1. The details of the entry and departure trading and the details of the use of the HP for each period of the HPP (the defendant and defense counsel notified the dismissal to E on or around June 2014, and then notified E of his dismissal to ensure that E would receive unemployment benefits on or around August 2014, and then remitted the amount of salary of KRW 2,079,240 corresponding to one month as retirement pay on September 18, 2014, and then, they want to receive daily allowances thereafter.

As a daily allowance was calculated and paid as KRW 70,00,00, the unpaid retirement allowance is 72,935 won, and the unpaid wage is 784,000 won.

According to each of the above evidence, it is insufficient to recognize that E had worked for the Defendant Company normally by the end of December 2014. The testimony of the witness G alone is insufficient to recognize the fact that E retired from around August 2014 or agreed to work after receiving daily allowances from around that time, and there is no other evidence to prove otherwise.

Therefore, the above assertion by the Defendant and the defense counsel cannot be accepted.

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (not being paid of retirement allowances);

1. Trade name;