Defendant shall be punished by a fine of KRW 2,000,000.

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

Criminal facts

The defendant is a user who runs a business selling computer-related parts by using two workers as the representative C of Yongsan-gu Seoul Metropolitan Government Co., Ltd.

1. Where an employer who violates the Guarantee of Workers' Retirement Benefits Act dies or retires of a worker, he/she shall pay wages, compensations, and other money or valuables within 14 days from the time when the cause for such payment occurred;

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

Nevertheless, from February 3, 2010 to August 31, 2018, the Defendant served as a sales and delivery employee and did not pay KRW 14,774,418 of D retirement pay within 14 days from the date of retirement without an agreement between the parties to the extension of the due date.

2. An employer in violation of the Labor Standards Act shall specify wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the Labor Standards Act, and other working conditions prescribed by Presidential Decree in concluding an employment contract, and shall provide workers with a written statement specifying the constituent items, calculation methods, and payment method of wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, and annual paid leaves under Article 60 of the Labor Standards Act.

Nevertheless, the Defendant was employed as a sales and delivery employee from February 3, 2010 to August 31, 2018 at the foregoing workplace and concluded a labor contract with D and that he/she retired, and the Defendant did not deliver a document specifying the constituent items, calculation method, payment method, contractual work hours, holidays under Article 5 of the Labor Standards Act, annual paid leave under Article 60 of the Labor Standards Act, and other matters concerning the working conditions prescribed by Presidential Decree.

Summary of Evidence

1. Partial statement of the defendant;

1. Written complaints and statements of D;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Relevant Articles of the Act and the choice of punishment for the crime: