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

The defendant is an employer who runs a construction business with five full-time workers as the representative director of the (C) Seoul located in Gyeong-dong, Chungcheongnam-gun.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and 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 did not pay the wages of KRW 1,380,00 in June 2017, and wages of KRW 1,440,000 in July 2017, and KRW 2,820,00 in total, within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay KRW 5,151,838 of D retirement pay from May 30, 2015 to July 26, 2017 at the same place of business within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. The police suspect interrogation protocol of the defendant in the testimony of the witness D;

1. The defendant asserts that the police statement of D on July 26, 2017, the defendant transferred the motor vehicle of the defendant used by D and D on July 26, 2017, and that the defendant agreed to settle the unpaid wages and retirement allowances with D's use.

In this regard, the Defendant stated that the investigative agency did not pay the amount of three million won to D, ② D was unaware of being a person eligible for retirement benefits at the time of retirement, and around March 2018, the Defendant is a person eligible for retirement benefits after filing a petition with the Employment and Labor Agency.