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

The defendant is the representative of the Co., Ltd. C in Osan City, who ordinarily employs 10 workers and operates automobile maintenance business.

The Defendant did not pay KRW 11,880,404 in total wages and retirement allowances to two workers within 14 days from the date of retirement, as described in the attached Table Nos. 5 and 6, as well as each of the following items: D’s retirement pay of KRW 3,200,00,000, retirement pay of KRW 5,480,40, and retirement pay of KRW 5,404 on May 1, 2016, when he/she retired from his/her place of business from around September 1, 2014 to May 31, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each written statement made to E or D;

1. The report on the overdue payment of wages of E and D;

1. Application of statutes on the calculation of average wages and retirement allowances, and details of financial transactions;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment (a confession, reflectivity, and full repayment of the amount equivalent to the overdue wages);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is that the Defendant is the representative of C Co., Ltd. in Osan City, who ordinarily employs ten workers and engages in automobile maintenance business.

The Defendant did not pay the total amount of KRW 40,548,533 of wages and retirement allowances to four workers within 14 days from the date of retirement, as shown in the attached list Nos. 1 through 4.

2. This part of the facts charged is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefit Security Act, and Article 109(2) of the Labor Standards Act.