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

The defendant is a representative director of the D Co., Ltd. located in Gangnam-gu Seoul Metropolitan Government, who employs six full-time workers and operates a construction business.

The Defendant in violation of the Labor Standards Act is working for the company from January 2, 2008 to August 31, 2013.

Withdrawn E’s wage of KRW 1,540,00 on April 2013, 201, including KRW 59,597,420 on the aggregate of four workers’ wages, as indicated in the attached list of crimes (e.g., delayed wage), did not pay within 14 days from the date of retirement without agreement on extension of the due date between the parties.

B. The Defendant who violated the Guarantee of Workers’ Retirement Benefits Act is working for the pertinent company from January 2, 2008 to August 31, 2013.

Retirement allowances of retired E shall be 11,177,565 won and shall be from June 14, 2010 to August 31, 2013.

The sum of the retirement allowances of two workers, including the retirement allowances of 12,257,58 won, 23,435,153 won, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, G, F, and H;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109 (1), Article 36 of the Labor Standards Act concerning criminal facts, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of a duty to pay retirement allowances);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the crime of violating the Labor Standards Act against E and F, and the crime of violating the Act on the Guarantee of Workers' Retirement Benefits, each crime committed and the punishment imposed on a crime of violating the Labor Standards Act which is heavier than the previous one);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment stipulated in the violation of the Labor Standards Act concerning the heavy G crimes), among concurrent crimes;

1. The sentencing of Articles 70(1) and 69(2) of the Criminal Act with respect to the detention in the workhouse is based on the fact that the total amount in arrears of the instant case exceeds 8,300 won.

However, the defendant has no particular criminal history;