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

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

Punishment of the crime

The defendant is the representative of H, a corporation with G 201, who employs 55 full-time workers at home and operates food business.

[2015 Highest 725]

1. An employer who violates the Labor Standards Act due to non-payment of wages shall, if the worker dies or retires, pay the wages, compensations, or any other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant, from August 7, 2013 to August 31, 2014, served as the head of the aquaculture team at H, and retired on June 6, 2014, did not pay KRW 1,516,580 in total as wages of KRW 377,780 and annual leave allowances of KRW 1,516,580 within 14 days from the date of retirement without extending the payment due date under an agreement between the parties.

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

Nevertheless, from August 7, 2013 to August 31, 2014, the Defendant, while serving as the head of the aquaculture team at H, did not pay KRW 2,433,600 of the I retirement pay within 14 days from the date of retirement without extending the payment period under an agreement between the parties.

[2014 High 704]

3. An employer who violates a restriction on overtime work shall restrain workers from working hours for a recess, and shall not have workers work in excess of 40 hours a week, and eight hours a day: Provided, That if there exists an agreement between the parties concerned, the hours per week work may be extended within the limit of 12 hours a week;

Nevertheless, the worker I (attached Form 2-1) allowed the worker I to work more than 12 hours a week during the period from August 7, 2013 to March 19, 2014, such as the details of excess work limit.

4. An employer who violates the duty to specify working conditions shall clearly state wages, prescribed working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract.