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 is the representative of Jongno-gu Seoul Metropolitan Government and the 7th floor C, who is a user who runs a service business (video production) by using one full-time worker.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen 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, at the above workplace from March 20, 2017 to March 22, 2019, did not pay KRW 1,851,962 within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date between the parties, including the sum of KRW 1,774,192, income tax refund amount of KRW 77,70, and KRW 77,70 in March 2019.

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 did not pay KRW 5,111,974 of D retirement pay from March 20, 2017 to March 22, 2019 at the above workplace without any extension agreement on the date of payment between the parties, within 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written complaint and petition filed by D;

1. Application of Acts and subordinate statutes to the ledger of salary, calculation of retirement allowances, ledger of salary from January to March 2019, employment contracts, average wages, and calculation of retirement allowances for March 2019;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, 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. 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)1 of the Criminal Act for the detention of a workhouse;