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

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

Punishment of the crime

The defendant is a user who engages in the manufacturing business of metal parts by utilizing 12 full-time workers as the representative of Busan Gangseo-gu Co., Ltd.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, from March 11, 2015 to September 15, 2015, did not pay KRW 3,736,180 of the wages and retirement allowances of five retired workers in arrears within 14 days without agreement on the extension of the payment deadline between the parties, as well as the payment of KRW 17,365,620, total sum of the wages and retirement allowances of five retired workers in arrears within 14 days without agreement on the extension of the payment deadline between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Each statement of F, G and H;

1. Data related to arrears;

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

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

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

1. Selection of an alternative fine for punishment;

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. Violation of the Labor Standards Act and the Guarantee of Workers’ Retirement Benefits Act stated in the attached Forms 6 through 11 of the facts charged regarding money and valuables for workers in arrears;

2. Determination and conclusion

(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act; Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers;

(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. Submission of a written agreement after the victims filed the prosecution of the instant case

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