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

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

Punishment of the crime

The defendant is the representative of corporation C in Gangnam-gu Seoul and the second floor, who employs 10 full-time workers and conducts urban planning engineering business.

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

Nevertheless, the Defendant, while working in the company from June 1, 2017 to June 30, 2018, did not pay KRW 11,876,750 as well as KRW 52,023,647 in total for six workers, as indicated in the attached crime list, within 14 days from the date of retirement without extending the due date under an agreement between the parties.

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 the cause for such payment occurred; and

Nevertheless, the Defendant served in the company from June 1, 2017 to June 30, 2018 and retired from the company and did not pay 25,039,40 won in total for four employees, as shown in the list of crimes in the attached Table, as well as 4,94,784 won, within 14 days from the date of retirement without extending the due date under an agreement between the parties.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes of H’s authentic statement and I’s written statement;

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019; hereinafter the same shall apply) applicable to criminal facts; Articles 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of a duty to liquidate money or goods); and Articles 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits

1. Articles 40, 50, and 50 of the Criminal Code of the Trade Union and Labor Relations Act provide that workers D, E, and G violate each of the former Labor Standards Act, and their respective violations of the Guarantee of Workers' Retirement Benefits Act, and their punishments are more severe.