Defendant shall be punished by a fine of five 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 representative of D Co., Ltd., which is a building No. c at Asan City, and is an employer who runs a manufacturing business with ten regular 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 is working at the same workplace from November 23, 2016 to May 18, 2018.

A retired E’s work at the same workplace as indicated in the attached list of crimes, including KRW 3,784,167, March 2018.

The total amount of wages of four retired workers was not paid 3,713,098 won within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

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 is working in the above workplace as shown in the list of crimes in the attached Form, including the above E retirement pay of KRW 5,99,093.

The retirement allowance of two retired workers was not paid 10,424,806 won in total within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E, F, G, and H;

1. Application of each salary statement and each Act and subordinate statutes governing the calculation of retirement allowances;

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; Act No. 16270, Jan. 15, 2019; Act No. 16270, Jan. 15, 2019; Act on Guarantee of Workers’ Retirement Benefits.