Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The defendant is a limited company C representative director in 1,00, who runs transportation business using 35 full time workers as a limited company C representative director.

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

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

Nevertheless, the Defendant did not pay KRW 6,630,00 in total amount of wages of two workers, including the sum of KRW 3,230,000,000 in wages of February 15, 2019 to February 27, 2020, and KRW 2,700,000 in August 15, 2019, and KRW 3,930,000 in total for wages of September 2019, and KRW 6,630,00 in total, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

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 worked from March 4, 2019 to March 23, 2020, and did not pay KRW 1,700,000 of retirement allowances of FF retired from office within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes on the record of a true statement made against D preparation of a amnesty;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits (the unpaid point of payment of wages, etc., the Selection of Fines), Articles 44 subparagraph 1 and 9 of the same Act (the selection of fines, etc.);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.