Defendant shall be punished by a fine of KRW 7,000,000.

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

Punishment of the crime

The defendant is the representative director of C, a corporation located in Gyeonggi-do, who runs a manufacturing business using five full-time workers.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay 9,898,610 won, including 2,400,000 won for retired workers who worked in March 2, 2018 to December 31, 2019 and retired workers D, within 14 days from the date of retirement without agreement between the parties on the extension of the due date for payment of money and valuables, as well as 9,89,898,610 won for the attached crime list.

(b) Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant, even from March 2, 2018 to December 31, 2019, received retirement allowances of retired workers D including KRW 4,309,708, and did not pay KRW 32,406,308 in total for six employees within 14 days from the date of retirement without agreement between the parties on the extension of the date of payment of money and valuables.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement D, and written statements by police in relation to E;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Selection of each fine provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravation of concurrent crimes.