Defendant shall be punished by a fine of KRW 1,200,00.

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

Punishment of the crime

The Defendant is the representative of Daejeon Seo-gu Co., Ltd. and is an employer who runs an educational service business using seven full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay two retired workers, including 1,40,00,000 won for February 4, 2014 to March 8, 2016, 1,78,090 won for monthly wage of 387,090 won, etc., and 1,78,090 won for monthly wage of 387,090 won for teaching materials in the same place of business as teaching materials development researcher from July 13, 2015 to February 29, 2016, respectively, within 14 days from the date of retirement without agreement between the parties on the extension of payment period.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 1,974,170 of D retirement pay from November 4, 2014 to March 8, 2016 as the Teaching material development researcher at the above workplace within 14 days from the date of retirement without agreement on the extension of payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by special judicial police officers with regard to D;

1. Application of Acts and subordinate statutes to verify the details of insured status, details of passbooks, retirement allowance calculation statement, details of factual verification, such as telephone, and details of telephone, etc.;

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