Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

The defendant is the representative director of Jongno-gu Seoul Metropolitan Government Co., Ltd. who operates the publishing business by using nine 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 is working from March 1, 2019 to February 29, 2020 at the above workplace.

D's wage of KRW 6,00,000 for February 2020, and the amount of KRW 1,173,220 for year-end settlement refund was not paid within 14 days from the date of retirement, and the amount of KRW 20,494,550 for five workers as shown in the attached crime list was not paid within 14 days from the date of retirement.

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 has worked like the preceding paragraph.

The retirement allowance of 5,950,320 won was not paid within 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each written petition;

1. Business registration certificate, certified transcript of corporate register, each record of wages in arrears, the wage ledger for February 2020, and the application of Acts and subordinate statutes concerning tax withholding for wage

1. Article 109 (1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement allowances);

1. Violation of the Labor Standards Act on Workers D, Articles 40 and 50 of the Commercial Concurrent Crimes Act.