Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The Defendant, as the representative of the “D Private Teaching Institutes” located in the fifth floor of the Gu, is an employer who operates a private teaching institute with six full-time workers.

1. An employer who violates the Guarantee of Retirement Benefits for a worker shall, if the worker retires, pay the retirement allowance within fourteen days from the date of such retirement, unless otherwise agreed on the extension of the payment period;

Nevertheless, the Defendant did not pay KRW 7,059,026 of E’s retirement pay, which was worked at the said private teaching institute from September 13, 2013 to December 16, 2016, within 14 days from the date of retirement, although there was no agreement between the parties on the extension of the payment deadline.

2. An employer in violation of the Labor Standards Act shall, when entering into a labor contract, clearly state the working conditions of the worker, such as wages, prescribed working hours, holidays, annual paid leaves, etc., and shall deliver written statements specifying the items constituting the wages, calculation methods, prescribed working hours, prescribed working hours, holidays, and annual paid leaves to the worker;

Nevertheless, the Defendant concluded a labor contract between E and December 16, 2016, with which the said private teaching institute worked from September 13, 2013 to December 16, 2016, and around September 13, 2013, and Defendant B, who worked from April 1, 2014 to July 12, 2017, did not deliver to the said E and B a written document stating the items constituting wages, the method of calculating and paying wages, the prescribed working hours, holidays, and annual paid leaves.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition, document prepared by E, content of confirmation of facts, such as telephone, statement of the petitioner, investigation report, average wages and retirement allowances;

1. Application of Acts and subordinate statutes to inquiries about criminal records and investigation records;

1. Relevant legal provisions concerning facts constituting an offense, Article 44 subparagraph 1 of the Act on the Guarantee of Retirement Benefits for elective Workers, and Articles 44 and 9 (Notice of Unpaid Retirement Benefits, Selection of Fines), Article 114 subparagraph 1 of the Labor Standards Act, and Articles 114 subparagraph 1 and 17 (Non-performance of Obligation to specify in writing the working conditions);

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.