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

The defendant is the user who operates the manufacturing business as the representative director of the D in the Dispute Resolution Co., Ltd.

Defendant A retired employee B who had worked from June 1, 2010 to December 31, 2017 at the said workplace and had not paid the total of KRW 10,775,890 and retirement allowances of KRW 20,453,173 within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a petition and bonus ledger;

1. Article 109(1) and Article 36 of the relevant Act and the former Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 2017); Article 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits; Selection of fines, etc.

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 as follows: (a) the Defendant, as indicated in the facts charged, did not pay KRW 175,530,030 in total and KRW 189,30 in total and KRW 189,30,859 in total as wages for 31 employees (excluding 3B once a year) as indicated in the list of crimes in the attached Table of Crimes, including KRW 4,324,970, Oct. 12, 2017, when running the above manufacturing business, from around February 12, 2013 to December 31, 2017.

2. Determination

(a) Applicable legal provisions: Articles 109(1) and 36 of the former Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 2017); Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act

(b) Crimes of non-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(c) Declaration of non-exclusiveity of punishment: A withdrawal of a petition (written complaint) stating the intention of non-exclusiveity of punishment for the accused shall be submitted to this court on November 1, 2018;

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;