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 the representative of D in Daegu Jung-gu C, who employs five full-time workers and is engaged in service business.

1. 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;

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

Nevertheless, the defendant is working in the above D.

The retirement pay of 10,219,840 won, including retirement pay of 6,692,750 won, and retirement pay of 3,527,090 won, which occurred from July 21, 201 to July 15, 201, and 3,527,090 won, which occurred from July 21, 201 to July 31, 2015, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. 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 of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the defendant is working from the above D to November 1, 201 to July 15, 2014.

The retirement E's unpaid annual paid leave allowance of 533,120 won was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Part of the defendant's legal statement;

1. Legal statement of witness E;

1. A copy of each employment contract, a copy of a detailed statement of history of insured status for employment insurance, two copies of passbook transactions, a copy of each business registration certificate, a copy of each report on loss of social insurance, and a copy of each resignation; and

1. Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the same Act, Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense;

1.Article 40 of the Criminal Code of Trade and Trade.