The Defendant, as the representative of the “D Company” in the second floor of the building B (B) Dong in Sipoposi, is an employer who conducts food manufacturing business using 16 full-time workers.

The defendant worked in the above workplace from May 1, 2009 to May 31, 2010, and did not pay 3,638,960 won of retirement pay to retired workers E within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Statement to E by the police;

1. Application of legislation on plans for payment of unpaid wages;

1. Article 44 of the Act applicable to facts constituting an offense, and subparagraph 1 of Article 44 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the same Act;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. The Defendant and the defense counsel’s defense counsel’s assertion regarding Article 59(1) of the Criminal Act (except for punishment twice as a fine for a violation of the Trademark Act, the Defendant and the defense counsel agreed to extend the payment period of unpaid wages by September 2012). The Defendant and the defense counsel agreed to pay the unpaid wages to E by September 2012. ② The Defendant promised to pay E 7,00,000 won of unpaid wages of “F Company”, working before E work in the “D Company.” The Defendant paid 33,173,60 won paid to E by September 2012, which was extended as above, to E by September 2012. As such, the Defendant appropriated the payment period of unpaid wages, etc. of D Company, which is more debts than the payment period, in the order of appropriation for payment, the Defendant first appropriated the payment period of unpaid wages, etc. of D Company, and thus, the Defendant claimed that E’s payment of unpaid wages and retirement allowances occurred during the period of the E company.

Comprehensively taking account of the above evidence, the Defendant’s unpaid wages of KRW 7,000,000 and the Defendant’s “D Company” operated on April 15, 2010.