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

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

Punishment of the crime

The Defendant is the actual manager of Seocho-gu Seoul Metropolitan Government E Co., Ltd., located in Seocho-gu and 3rd floor D, and is the employer who runs a construction business using ten 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 the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked from September 1, 2013 to May 11, 2018 at the foregoing workplace and retired from the said workplace, and did not pay the sum of KRW 3,469,230 on April 2018, wages of KRW 2,538,470, and wages of KRW 930,760 on May 2018 within 14 days from the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date for payment.

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 may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked in the foregoing workplace from September 1, 2013 to May 11, 2018, and did not pay KRW 12,118,218 of retirement allowances of FF retired from the said workplace within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

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

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 Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 201);

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

1. Selection of an alternative fine for punishment;

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.