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

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

Punishment of the crime

(2017 Highest 1371) The Defendant is the representative of C Co., Ltd., which is in the racing-si B, who runs a construction business using 60 full-time workers.

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

Nevertheless, the Defendant employed from November 8, 2016 to March 9, 2017 and did not pay 4,540,000 won, including the total of KRW 1,540,000,00 of wages of retired workers E, from July 15, 2015 to February 20, 2017, and three million of wages of retired workers E, 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 for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, the defendant employed from July 15, 2015 to February 20, 2017 at the above workplace and did not pay 6,017,711 won of retirement pay of retired workers E within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement and written statement of the damaged workers;

1. Application of Acts and subordinate statutes on payment, retirement allowance calculation statement, confirmation of the amount of money and other valuables in arrears, details of payment transactions, and details of money and valuables in arrears

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to the facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The following circumstances are the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, and the age, occupation, and sex of the defendant.