Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

The defendant is the representative in Daegu Jung-gu C, who employs three full-time workers and operates restaurant business.

1. If a worker in arrears dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 did not pay KRW 689,99 of the D’s wages in May 2018, which he/she worked from March 9, 2017 to May 18, 2018 at the above workplace, within 14 days from the date on which the cause for payment occurred without agreement between the parties on the extension of the payment date.

2. If a worker in arrears retires, the employer shall pay the retirement allowance within 14 days from the date on which 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 did not pay KRW 2,460,740 of D retirement pay from March 9, 2017 to May 18, 2018 at the same place of business within 14 days from the date of occurrence of the cause for payment without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness D and E;

1. A detailed statement of transactions in each passbook;

1. A written calculation of average wages and retirement allowances;

1. Application of Acts and subordinate statutes of the contents of modernization;

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where taxes are unpaid as retirement allowances);

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;