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

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

Punishment of the crime

The defendant is the representative director of the Nam-gu building in Gwangju and D Co., Ltd., which ordinarily employs 10 workers and operates the distribution business.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant is working from December 14, 2015 to November 29, 2016 at the above workplace.

A retired worker E’s wages of 12,828,420 won in total, as stated in the attached list of crimes, including the wage of 1,200,000 won on January 201, 2016, did not pay 12,828,420 won in total within 14 days from the date of retirement without an agreement

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 any cause for such payment occurred; and

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

Nevertheless, the Defendant is working from June 1, 2016 to December 25, 2017 at the above workplace.

The retirement allowance of the retired worker was not paid 4,036,790 won within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of E and F;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 201);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act in the custody of a workhouse.