Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a business owner who is a representative of the C cafeteria in South-gu, Nam-gu, and has been engaged in restaurant business with 20 full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or 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, from March 7, 2016 to June 24, 2016, did not pay KRW 10,513,333 of the total wages of four workers, including KRW 2,200,00 in April 2016, as shown in the list of crimes in the attached Table, within 14 days from the date of retirement where the cause for payment occurred, as well as KRW 2,200,00 in April 2016.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred; and

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

Nevertheless, the Defendant, from February 22, 2016 to March 16, 2017, did not pay the retirement allowance of KRW 1,385,479 to retired workers E, within 14 days from the date of retirement in which the grounds for payment occurred, without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each police statement made in relation to F, E, and G;

1. Application of Acts and subordinate statutes to the details of partial payment of wages (the 9th page of the investigation record), details of transactions by each passbook (the 53 through 56 pages, 69 through 78 of the investigation record), results of calculation of retirement pay (the 79th page of the investigation record);

1. Relevant legal provisions concerning facts constituting an offense, Articles 109(1) and 36 of the Labor Standards Act for the Selection of Preliminary Labor, and retirement benefits for workers;