Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The defendant is the representative of Seo-gu Daejeon (State) D in Daejeon who is an employer who operates a service business (automobile maintenance) with two full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen 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 did not pay KRW 360,000 paid monthly wages from May 1, 2012 to March 29, 2014; and KRW 1,180,000 paid monthly wages from March 2, 2014 to March 29, 2014; and KRW 1,180,000 paid monthly wages from March 1, 2014 to December 11, 2013 of G who worked as a person in charge of management affairs from July 1, 2013 to December 11, 2013; and KRW 1,50,000 paid monthly wages from December 1, 2013 to December 1, 2016, total amount of KRW 6,749,746,746,7376,746, etc. to each of the parties to retirement without agreement between the respective parties to retirement;

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, 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 an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant did not pay the retirement allowance of the above E within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. E statements;

1. Application of Acts and subordinate statutes to the details of transactions in a passbook, the calculation of average wages and retirement allowances (in pages 44 of investigation records);

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 109(1) and 36 of the same Act, Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and each fine shall be selected.