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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

The defendant is the actual manager of the Dispute Resolution Co., Ltd. in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon, who runs a manufacturing business using 20 full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act 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, at the above workplace from October 27, 2017 to July 18, 2018, did not pay the total of 13,749,508 workers’ wages within 14 days from the date of retirement where the cause for payment occurred, as described in the attached Table Nos. 1 and 3, as well as 2,027,460 won in March 2018 of the retired workers D, as well as 13,749,508 won in March 27, 2018.

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 had worked from August 23, 2016 to April 7, 2018 at the said workplace and had not paid KRW 630,254 of retirement allowances E of retired workers from the said workplace within 14 days from the date of retirement where the cause for payment occurred without a written agreement on extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. The authenticity statement of E;

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

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act; Articles 40 and 50 of the Commercial Act concerning the ordinary concurrent crimes;

1. Selection of each alternative fine for punishment;

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

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