Defendant shall be punished by a fine of 200,000 won.

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

Punishment of the crime

The defendant is the actual management owner of the D Corporation in Incheon City, and is a user who runs a medicinal farming business by employing ten full-time workers.

When a worker retires, the employer shall pay all money, valuables, and retirement allowances, such as wages, within 14 days from the date of retirement unless there exists an agreement between the parties on the extension of the due date.

Nevertheless, the Defendant did not pay 3,00,000 won for total wages from March 1, 2011 to April 2011 (monthly 1,500,000), annual allowances of 2011, retirement allowances of 500,000, retirement allowances of 1,886,717 within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Witness E;

1. The statement of the calculation of retirement pay, the statement of the expenditure, the card transfer records, and the details of the release deposit [the defendant does not have an obligation to pay wages and retirement pay since he has a damage claim against the worker E due to embezzlement. However, since wages are paid in full to the worker directly in currency, it is a principle that the employer cannot offset against the worker's wage claims with the worker's claim because the employer's claim is paid in full to the worker. This is to protect the worker in an economic and social subordinate relationship. The same applies to the worker's retirement allowances that the worker has the nature of wage (see, e.g., Supreme Court en banc Decision 2007Da90760, May 20, 2010; Supreme Court Decision 88Da26413, May 8, 199; Supreme Court Decision 9Do2168, Jul. 13, 199).

1. Relevant legal provisions pertaining to criminal facts, Articles 109(1) and 36 of the Labor Standards Act, and the former Act on the Guarantee of Workers' Retirement Benefits.