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 company G G in Gyeyang-gu Incheon, who runs the manufacturing business of motor vehicle products using 20 regular workers.

1. When a worker retires, the employer in violation of the Labor Standards Act shall pay all money and valuables, such as wages, within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant worked in the said workplace from November 9, 2017 to November 13, 2018, and did not pay 899,166 won monthly wages of H from November 2018 to November 13, 2018, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

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 any cause for such payment occurred; and

Nevertheless, the Defendant worked from November 9, 2017 to November 13, 2018 at the same place of business, and did not pay the retirement allowance of H 1,236,490 won to retired workers within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition and a written statement prepared by H;

1. Application of employment contracts, details of wages calculation Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of an alternative fine (i.e., the fact that the sentence is in conflict with one another, and the amount of unpaid wages and retirement allowances);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant, as the representative of G Co., Ltd. G in Gyeyang-gu Incheon, is an employer who runs the business of manufacturing motor vehicle products using 20 regular workers.

An employer who violates the Labor Standards Act shall be subject to the payment thereof when the worker retires.