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 C Child Care Center located in Ansan-si B, who operates a child care center using eight full-time workers.

1. When a worker retires or dies, the employer in violation of the Labor Standards Act shall pay wages, compensations, and all other money and valuables within 14 days after the cause thereof occurred;

Provided, That the date of payment may be extended by the agreement between the parties if special circumstances exist.

Nevertheless, the Defendant, at the above workplace from March 1, 2017 to August 7, 2018, was employed as a childcare center teacher and was employed in the above workplace and did not pay 10,379,031 won in total as well as 1,60,000 won in May 2018 of his retired workers D, as shown in the annexed Table, within 14 days from the date of their retirement, without any agreement on the extension of the due date between the parties concerned.

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.

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

Nevertheless, the Defendant, at the above workplace from March 1, 2017 to August 7, 2018, did not pay 5,236,375 won in total as well as 2,251,340 won of retirement allowances of D retirement allowances of 2,251,340 won of d retirement allowances of d retirement workers retired from the above workplace, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D and E;

1. Application of Acts and subordinate statutes to each written retirement allowance calculation;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, as well as Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are not paid);

1. Articles 40 and 50 of the Criminal Code of Trade and Trade, and selection of fines.