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

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

Punishment of the crime

The defendant is a F manager in Nam-gu Incheon Metropolitan City E, who employs five full-time workers and operates a machine industry, etc.

Where an employee retires, an employer shall pay wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant had worked from May 1, 2016 to November 30, 2016 at the above workplace and had not paid KRW 900,000 of the G’s retirement wages in November 2016, within 14 days from the date of each retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the relevant Acts and subordinate statutes to the documents of G and its written statement;

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); the selection of fines for criminal facts

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is that the Defendant is a manager of the F office in Namdong-gu Incheon Metropolitan City E, who employs five full-time workers and operates the machinery industry, etc.

Where an employee retires, an employer shall pay wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, while serving in the said workplace from April 23, 2014 to September 9, 2016, did not pay KRW 11,126,254 of the D retirement pay of each of the relevant parties within 14 days from the date of their retirement without an agreement on the extension of the payment period between the respective parties, while serving in the workplace from November 1, 2015 to November 9, 2016 and retired.

2. Determination

(a) Applicable law: Subparagraph 1 of Article 44 of the Guarantee of Retirement Benefits for respective workers, and Articles 9 and 260 (1) of the same Act;

(b) The crime of non-violation of will: the proviso of Article 44 of the Guarantee of Retirement Benefits of Workers.