A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

The defendant is a user who operates a metal processing business using 16 full-time workers in the trade name of "F" in Ulsan-gu, Ulsan-gu.

1. When a worker retires, the employer in violation of the Labor Standards Act shall pay all money and valuables, such as wages, compensations, etc., within fourteen 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 is working from June 8, 201 to May 31, 2020 at the above workplace.

The amount of annual unused allowance of KRW 1,594,080, including the amount of annual unused allowance of KRW 155,520 in 2017, was not paid within 14 days from the date of retirement without any agreement on the extension of the payment due date between the parties concerned, as shown in paragraph 4 (excluding the portion of retirement allowance) of the attached Table of Crime List.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where the worker dies or retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay KRW 23,262,132 of the retirement allowance of G that retired as above within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on extension of the payment

Summary of Evidence

1. Application of Acts and subordinate statutes to the police's written statement concerning B's legal statement, the confirmation of the fact of the petition case, the average wage and retirement allowance calculation, and the investigation data acquisition report

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 of payment of unpaid retirement allowances);

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. The order of provisional payment;