Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The defendant as the representative director of Seocho-gu Seoul Metropolitan Government (ju)C in Seocho-gu, is an employer who is a person in charge of business operation of clothing distribution business with three regular 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 of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the above workplace, worked from November 22, 2018 to February 29, 2020, and retired from the workplace, paid KRW 6,701,607, including KRW 1,579,767, Feb. 2, 2020, as stated in the attached crime list, for three retired workers, as well as KRW 6,701,607, as stated in the attached crime list, within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties.

2. Where an employer who violates the Guarantee of Workers' Retirement Benefits Act retires a worker, he/she shall pay a retirement allowance within 14 days from the time when any cause for payment occurs;

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

Nevertheless, the Defendant did not pay 8,637,262 won in total, including 297,477 won of retirement allowances of three retired workers as shown in the attached list of crimes, 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 statement and each copy;

1. Details of calculation of retirement allowances;

1. A statement of reasons for each petition;

1. Application of each set-off agreement to statutes;

1. Article 109 (1), Article 36 of the Labor Standards Act concerning criminal facts, and Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of which payment of retirement allowances is not made);

1. Violation of the Act on the Guarantee of Workers' Retirement Benefits and the Act on the Protection of Workers' Retirement Benefits by workers under Articles 40 and 50 of the same Act.