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

1. The Defendant in arrears of retirement pay is an employer who operates a private teaching institute business under the trade name B in Busan Dong-gu.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, and all other money and 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 KRW 4,292,036 of the retirement allowances of employees D who retired from the said workplace from September 17, 2014 to July 7, 2016, within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

2. An employer who has not given a contract for work shall, when concluding a contract for work, provide the worker with a written statement regarding wages, working hours, holidays, annual paid leaves, place of employment, work to be employed, etc.

Nevertheless, on September 17, 2014, when concluding a labor contract with a worker D around September 17, 2014, the Defendant did not clearly state in writing the matters concerning wages, working hours, holidays, annual paid leaves, and the place of employment and the duties to be employed.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Recording notes;

1. Details of passbook transactions;

1. A written calculation of retirement allowances;

1. Data related to employment;

1. Hand-on messages:

1. Two copies of a confirmation document;

1. Reports on the current status of daily business;

1. Application of statutes concerning the detailed plan for English and teaching;

1. Article 44 of the relevant Act on criminal facts, subparagraph 1 of Article 44 of the Act on the Guarantee of Retirement Benefits for elective Workers, and Article 9 of the Act on the Guarantee of Wage for Workers Eligible for the Payment of Wages, Article 114 subparagraph 1, Article 114 subparagraph 1, Article 17 of the Labor Standards Act, and the selection of each fine;

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

1. The order of provisional payment;