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

The Defendant is an employer who runs the manufacturing industry, such as the withdrawal of Aluminium, using six full-time workers in Seo-gu Incheon, Seo-gu.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, from April 1, 2014 to May 1, 2018, the Defendant provided labor to the said workplace and did not pay KRW 2,800,000 of the retired worker F on April 4, 2018 without an agreement on the extension of the due date between the parties, within 14 days from the date of the retirement, and did not pay KRW 8,974,920 for three retired workers within 14 days from the date of the retirement without any agreement on the extension of the due date 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

Nevertheless, the Defendant provided labor at the aforementioned workplace from May 26, 2014 to May 1, 2018, and did not pay KRW 6,820,851 to retired workers 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. Each police statement made to G, H, F, and I;

1. Application of Acts and subordinate statutes to the calculation results of retirement allowance, each certificate of income, ledger of benefits, and details of benefits transfer;

1. Relevant Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, the choice of punishment, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are unpaid);

1. Articles 40 and 50 of the Criminal Act of the Commercial 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. The Criminal Act for the detention of a workhouse;