Of the facts charged in the instant case, C, D, E, F, G, and H

[2016 Highest 1497] Defendant is an employer who employs 20 full-time workers as a N operator in Ilyang-si M in Ilyang-si, Ilyang-si.

The Defendant, at the immediately preceding workplace around August 16, 2015, worked from around September 21, 2014 to retired workers on August 1, 2015, did not pay the amount of KRW 4,800,000 (the same shall apply to the portion stated in the attached Form O) of the total of KRW 1,60,000 as wages of June 1, 2015, and KRW 3,200,000 as wages of July 2015 (the same shall apply to the portion stated in the attached FormO) within 14 days from the date of retirement without agreement on the extension of the due date for multilateral payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the benefit ledger;

1. Relevant Article 109 (1) and the main sentence of Article 36 of the Act on the Standards for Optional Labor for Criminal Facts, and Selection of a fine for negligence;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2015Ma2894, Jul. 2, 2015) (see, e.g., Supreme Court Decision 2015Ma2894)

1. The summary of the facts charged is that the Defendant is a full-time operator of N Co., Ltd. located in Ilyang-gu, Busan Metropolitan City, who runs a printing business using 20 full-time workers.

Defendant 32,902,53 won of C’s retirement pay retired as an employee from the above company from June 1, 1998 to April 30, 2015, and Defendant 32,902,553 won of C’s retirement pay, as well as 1,3,4,5,7, and eight in the list of crimes in the attached Table of crimes, did not pay the total of 179,542,098 won of retirement pay for six retired workers within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

2. Determination:

A. On February 11, 2014, the Defendant and his defense counsel asserted that the P Co., Ltd. (hereinafter “P”) was operated by the Defendant and his defense counsel acquired the printing business of the trade name “P” from R. Since the said transfer contract was cancelled due to the breach of R’s major contractual terms, the Defendant was subject to the cancellation of the said transfer contract.