Defendant shall be punished by a fine of 1.3 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 Gangnam-gu Seoul Metropolitan Government 'C Company B' and is a user who runs a construction business using one full-time worker.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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 had worked from September 25, 2017 to April 30, 2019 and had retired D’s total amount of KRW 5,200,000,000 in March 2019, without an agreement between the parties on the extension of the due date, the Defendant did not pay it within 14 days from the date of retirement, which is the date when the cause for payment occurred.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant worked from September 25, 2017 to April 30, 2019 and did not pay the retirement allowances of DD 4,199,538, within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without agreement between the parties to the extension of the payment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on a petition;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1 and Article 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 an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order and the fact that the unpaid wages and retirement allowances were paid through substitute payment