Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The defendant is a user who runs an electronic parts manufacturing business using ten full-time workers as the representative director of the building B or D in sub-paragraph C (State) in Bupyeong-si.

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 14 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 worked in the above workplace as a mining field assembly member from October 13, 2008 to August 31, 2017, and retired E's wages of 347,611 on December 12, 2016 and the total of 20,711,185 won of the wages of three retired workers and the annual settlement refund as of the end of 2016, as described in the attached crime list, were not paid within 14 days from the date on which the cause for payment occurred without any agreement between the parties on the extension of the payment date.

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

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

Nevertheless, the Defendant did not pay 32,328,189 won in total for three retirement allowances of retired workers within 14 days from the date on which the grounds for payment occurred, as shown in the list of crimes in the attached Table, as well as 16,690,857 won of retirement allowances of E retired from office as members of luminous assembly from October 13, 2008 to August 31, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to F, E, and G;

1. A written petition of F, E, or G;

1. Calculation of retirement allowances;

1. Application of Acts and subordinate statutes on reporting amendments to overdue wages;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense (which refers to the payment of wages) and the Guarantee of Workers’ Retirement Benefits.