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

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

Punishment of the crime

The defendant is an employer who runs the comprehensive repair business of motor vehicles using 40 full-time workers as the representative director C (main director) in Kimpo-si B.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 special circumstances.

Nevertheless, the Defendant did not pay KRW 4,836,750 in total, including the annual paid leave allowance of KRW 3,625,200 and the annual paid leave refund of KRW 1,211,550, which had been employed in the said workplace from November 1, 2017 to January 31, 2019 and retired from the said workplace, within 14 days from the date when the cause for payment occurred without agreement on extension of the due date between the parties concerned.

2. 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 of payment may be extended by mutual agreement between the parties if special circumstances exist.

Nevertheless, the Defendant worked from November 1, 2017 to January 31, 2019 at the above workplace, and did not pay KRW 5,721,202 of D retirement pay within 14 days from the date on which the cause for the payment occurred without agreement between the parties on the extension of the due date.

Defendant

In addition, the defense counsel requested the cost of directors at the time of entry of the worker D, and the employee paid the retirement allowance of 10 million won for the purpose of paying the above director's cost in accordance with Article 3 (1) of the Enforcement Decree of the Act on the Guarantee of Workers' Retirement Benefits.

According to the evidence duly adopted and examined by this court, although the employee D received 10 million won as the director's expense from this court, it is required to deduct the monthly salary from the defendant's company by one million won.