Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

The defendant, as the representative of C in both weeks, is an employer who runs a manufacturing business using two 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 payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant was employed in the above workplace from February 21, 1996 to December 31, 2015, but was re-entered on February 1, 2016, and served on June 30, 2017 and retired on June 30, 2017, and did not pay 5,69,250 won in total, including wages of 2,90,000 won and wages of 2,769,250 won on June 2, 2017, within 14 days from the date of retirement without agreement between the parties to the extension of payment date.

(b) An employer shall pay a retirement allowance within 14 days after the cause for payment thereof occurred, if a worker retires;

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

Nevertheless, the Defendant: (a) retired from the said workplace on February 21, 1996 to December 31, 2015; (b) but (c) went again on February 1, 2016 and served until June 30, 2017 for retired workers D; and (d) paid the total of KRW 22,33,850, including retirement allowances of KRW 18,340,120, and retirement allowances of KRW 3,93,730, which occurred on July 1, 2017 when retired on July 1, 2017, the Defendant did not pay KRW 22,33,850 within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the complainant with D;

1. Application of the statutes governing factual verification, such as a detailed statement of salary between April and June, 2017, telephone, etc.

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense (the payment of wages) and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (the retirement payment)