Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant, as the representative director B, is an employer who runs an insurance agency business using eight full time workers.

1. If an employee dies or retires, the employer in arrears of the Labor Standards Act shall pay him/her wages, compensations, and all other money or valuables within 14 days from the time 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 C wages of KRW 1,500,000 for July 7, 2016 to C who worked in the said workplace from March 7, 2015 to July 31, 2016, within 14 days from the date of retirement in which the cause for payment occurred without an agreement between the parties on the extension of the payment deadline.

2. Where an employer who violates the Guarantee of Retirement Benefits for Workers retires from office, the employer shall pay wages, compensations, and all other money and valuables within 14 days after the ground 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 KRW 2,062,380 of retirement pay to C who worked in the said workplace from March 7, 2015 to July 31, 2016, within 14 days from the date of retirement where the grounds for payment occurred, without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written laws and regulations

1. Relevant legal provisions concerning facts constituting an offense, Articles 109(1), 36 of the Act on the Standards for elective Labor, Article 44 Subparag. 1, 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and Selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.