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

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

Punishment of the crime

The defendant is a representative of the Mine-gu B and the second floor of Gwangju, who runs a human resources supply business using 40 full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or 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 did not pay KRW 9,118,240, in total, 9,118,240, within 14 days from the date of retirement, as stated in the attached Table of Crimes, including KRW 3,66,720, a total of three workers’ unused leave allowances, including KRW 3,66,720, who worked at the above workplace from July 25, 2017 to September 25, 2020.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

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

Nevertheless, the Defendant did not pay 14,737,491 won in total, including the above D retirement pay of 5,590,38 won and 14,737,491 won in total, as indicated in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Details on management of attitude toward the truth-finding;

1. The wage ledger, the details of calculation of the annual paid leave allowances, and a written calculation of retirement allowances;

1. Application of statutes on business registration certificates;

1. Article 109 (1) and Article 36 (1) of the Act on the Standards for Relevant Acts concerning facts constituting an offense, Articles 109 (1) and 36 (1) of the Act on the Standards for Selective Labor (which means the payment of wages), Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee for Retirement Benefits of Workers (which means the payment of unpaid retirement wages), and the selection

1. Aggravation concurrent crimes;