Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

The Defendant is an employer who operates a service business (cargo storage and supply agency) by employing six full-time workers in D, located in the area B population B building C at the time of Gyeonggi-do.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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 did not pay 1,858,395 won for annual wage of 3,50,00,000 and annual unused allowance of 1,858,395 won for June 1, 2019, and 1,300,000 won for annual paid-in hours from January 1, 2016 to June 30, 2019, in total of 1,964,595 won for annual paid-in hours from January 1, 2016 to June 30, 2019.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the 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 did not pay the total of KRW 21,736,290 of the F’s retirement pay of KRW 8,933,610, and KRW 21,736,290 working from January 1, 2016 to June 30, 2019 within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Each legal statement of witness E and F;

1. A written petition;

1. The Defendant asserts that E and F were not workers but in a franchise position.

However, according to the above evidence, E and F are recognized to have worked at a fixed time after receiving fixed benefits from the defendant and performed simple logistics classification work, so they are dependent on wages.