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

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

Punishment of the crime

The defendant is the representative of the Dispute Resolution Co., Ltd. located in Seo-gu, Seo-gu, Seo-gu, Incheon, and an employer who operates a manufacturing business using three full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant provided labor at the above workplace from June 1, 2015 to March 31, 2018, and did not pay KRW 6,259,050, respectively, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned, including the total amount of monthly bonuses of KRW 894,150 for each month of December 2015, 2015, 7, 2016, 7, 7, 12, 2017, and 1,77, 2017.

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

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

Nevertheless, the defendant employed from June 1, 2015 to March 31, 2018 at the above workplace and did not pay KRW 5,303,161 of retirement allowances of retired D within 14 days from the date of retirement in which the grounds for payment occurred, without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to verify the details of overdue debts, labor contracts, telephone, etc.;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (which means the payment of retirement benefits) concerning criminal facts;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;