Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The Defendant is an employer who operates the business of manufacturing the market making season using approximately six full-time workers at a company located in the Nowon-gu Seoul Special Metropolitan City, Nowon-gu, and the Defendant did not pay the D wages, shutdown allowances, annual paid leave allowance, annual paid leave allowance of KRW 5,523,604, and retirement allowance of KRW 1,112,587 within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes of a statement of transactions, a copy of calendar, and a retirement allowance calculation statement;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (Punishment on a violation of the Labor Standards Act heavier than the ordinary concurrent crimes);

1. Selection of an alternative fine for punishment;

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

1. As to the Defendant’s assertion on the provisional payment order under Article 334(1) of the Criminal Procedure Act, the Defendant asserts to the effect that there exist justifiable grounds since the Defendant agreed not to pay business suspension allowances and retirement allowances, etc. with the employees D, it is reasonable to view that the labor contract under Article 15 of the Labor Standards Act, which stipulates working conditions that do not meet the standards under this Act, is null and void only that part of the labor contract is in accordance with the standards under this Act. In addition, the waiver of the employee’s right to claim retirement benefits accrued at the time of the final retirement violates Article 8 of the Labor Standards Act, which is a mandatory law, unless it is recognized as interim settlement of retirement benefits under the main sentence of Article 8(2) of the Act on the Guarantee of Workers’ Retirement Benefits, and thus, the above agreement asserted by the Defendant