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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is the representative of D Co., Ltd. in Incheon Jung-gu building B C, and is an employer who runs a siren service by using two full-time workers.

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;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the above workplace, served from August 17, 2018 to December 7, 2018 and retired from E, did not pay KRW 1,300,000 for November 1, 2018, wages of December 293,548, and F’s wages of December 21, 2017 to December 31, 2018 without any agreement between the parties on the extension of payment period 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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the foregoing place of business, did not pay KRW 3,821,650 of the F's retirement allowances from February 21, 2017 to December 31, 2018 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the F or E police officer;

1. Application of Acts and subordinate statutes to confirmation of telephone, etc.;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019); the main text of Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act; the choice of each fine for a crime;

1. Article 37 of the Criminal Code among concurrent crimes.