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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

The defendant is the representative of the D Co., Ltd. in Songpa-gu Seoul Metropolitan Government building B, who is a full-time worker and operates a manufacturing (energy storage) business by employing 16 full-time workers.

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 is working from July 2, 2018 to November 30, 2018 at the above workplace.

The retirement E’s wages of 3,623,810 won, including 3,333,30 won in September 2018, and 30,623,810 won in total, were not paid within 14 days from the date of retirement without any agreement on the extension of the due date 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 any cause for such payment occurs; and

Nevertheless, the Defendant is working from June 21, 2017 to November 30, 2018.

3,290,651 won of retirement allowance of retired FF was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Each written petition of E, F, and G;

1. Application of the Acts and subordinate statutes to each authentic statement of F, E, and G;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;