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 a person who operates a restaurant in Gwangju Northern-gu B, and is an employer who ordinarily employs two workers and engages in restaurant 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;

Nevertheless, the defendant works in the above workplace from July 14, 2016 to May 15, 2019.

A retired worker D's total of KRW 26.3 million monthly wages from April 2018, and from May 5, 2018 to May 2019, did not pay KRW 2,6.3 million within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. Where an employer in violation of the Guarantee of Workers' Retirement Benefits Act retires, the employer shall pay retirement allowances within 14 days from the date when grounds for such payment occurred, unless the payment has been extended by agreement between the parties concerned.

Nevertheless, the defendant works in the above workplace from July 14, 2016 to May 15, 2019.

The retirement allowance of retired workers D was not paid 5,642,455 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. Each police statement of the E and the accused;

1. Calculation of average wages and retirement allowances, details of arrears, and calculation of overdue money and other valuables;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines, respectively;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;