Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant, as a representative C in Kimhae-si, is a user who conducts soup by using six full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker 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 the total of KRW 2,560,000 for October 2, 2014 and KRW 160,560,000 for wages of 2,40,000 and November 1, 2014 to D retirement from office from June 14, 2014 to November 2, 2014, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

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

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

Nevertheless, the Defendant, from May 2, 2012 to February 3, 2014, and from June 14, 2014 to November 2, 2014, did not pay KRW 2,463,469, out of retirement allowances from May 2, 2012 to February 3, 2014 to D, within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Application of Acts and subordinate statutes concerning the calculation of average wages and retirement allowances to D police statements, copies of bankbooks, and application for adjudication and determination;

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (which means the payment of retirement allowances) regarding criminal facts;

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 Criminal Procedure Act;