Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant, as the representative director of Yeongdeungpo-gu Seoul Metropolitan Government and the Cho D, is a user who runs the wholesale and retail business of manufacturing clothes using three 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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 427,305, respectively, within 14 days from the date of retirement, which is the day when the cause for payment occurred, without agreement between the parties to the extension of the payment deadline, and without agreement between the parties to the payment period, as well as the amount of KRW 33,418,032, and the amount of KRW 427,305,00,000,000,000,000 from April 14, 2014 to June 30, 2020.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the defendant worked in the above workplace as a staff member in charge of logistics storage from April 14, 2014 to June 30, 2020, and did not pay 17,033,082 won of FF's retirement allowance of the next month within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without an agreement between the parties to the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes governing the calculation of retirement allowances under the current status of unpaid benefits;

1. Article 109(1), Article 36 of the Labor Standards Act (the fact that wages and money are not paid), Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that wages and money are not paid) concerning facts constituting an offense;

1. Selection of an alternative fine under Articles 40 and 50 of the Criminal Code for the ordinary concurrent crimes;