Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant, as the representative C in Seodaemun-gu Seoul Metropolitan Government, is an employer who runs an educational service business using 30 full-time workers.

When a worker retires, the employer shall, unless agreed by the parties concerned, pay all money and valuables, such as wages, and retirement allowances within 14 days from the date of retirement.

Nevertheless, the Defendant did not pay the total of KRW 12,047,377 and the total of KRW 16,740,021 for four workers as indicated in the attached Table 2, 3, 5, and 8, as well as KRW 556,90 in August 1, 2016 to D, who worked from April 1, 2010 to January 31, 2017, within 14 days from the date of retirement, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each written petition;

1. Application of the Criminal Report Act and the Investigation Report Act

1. Articles 109 (1) and 36 of the Labor Standards Act (each point of payment of wages), the main sentence of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning criminal facts;

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

1. Selection of each alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant, as the representative in Seodaemun-gu Seoul Metropolitan Government, is an employer who runs educational service business using 30 full-time workers.

When a worker retires, the employer shall, unless agreed by the parties concerned, pay all money and valuables, such as wages, and retirement allowances within 14 days from the date of retirement.

Nevertheless, the Defendant’s total wage of KRW 13,698,573 and retirement allowance for four employees, as indicated in [Attachment Table 1, 4, 6, and 7], as well as KRW 1,074,780 in February 28, 2017, with respect to F, who worked from September 1, 2016 to February 28, 2017, as well as KRW 1,4,698,573.