Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant, as a real representative of “C” in Jeju City, is an employer who runs a general restaurant business, etc. using five full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or 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, as indicated in the list of crimes in the attached Form, was working in the above “C” workplace from March 5, 2018 to May 7, 2019, and did not pay KRW 4,003,000 in total of the wages and annual allowances of retired workers D within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurs, if the worker retires;

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

Nevertheless, the Defendant had worked in the aforementioned “C” workplace from March 5, 2018 to May 7, 2019, and had not paid KRW 1,873,114 of retirement allowances of retired workers D within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement made by the police against D;

1. Written statements of D;

1. Application of statutes on the calculation of a retirement allowance, a written statement of retirement allowance calculation, a labor contract, payment details of passbooks, submission of written data (current status of workers at the head of a business), submission of written data (current status of workers on the duty chart and payment status of wages), calculation statement of a retirement allowance, and application of monthly

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 5, 2019); Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (hereinafter “Act”).