A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

Defendant

A is the actual manager of the K-gu Seoul Jung-gu, the K-gu, who is a user and runs a printing business using 17 full-time workers.

(a) An employer shall, if a worker retires, pay the wages, compensations, and any other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant employed in the said workplace from December 3, 2018 to May 31, 2020, and did not pay KRW 4,301,570,00,000,000,000,000 from May 2, 2019 to May 31, 2020, as well as money and valuables, including KRW 1,000,000,000, and KRW 50,000,00,000,00,000,000 from May 2, 2019 to May 31, 2020, respectively, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the Defendant had worked from December 3, 2018 to May 31, 2020 at the above workplace and had not paid KRW 4,135,007 of retirement allowances of retired workers D within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each of the relevant Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to the facts constituting an offense, as prescribed in Articles 109(1) and 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement benefits);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition. Article 40 (Inter-Korean Crimes of Violation of the Labor Standards Act for D and Violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each sentence of imprisonment;

1. The aggravated Criminal Act for concurrent crimes.