Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

The Defendant, as the actual operator of the (State)C located in Asia-si, is an employer who employs 15 full-time workers and operates an industrial facility manufacturing business. From November 1, 201 to September 3, 2011, the Defendant was working in the said workplace and did not pay wages of KRW 38,91,493 and retirement allowances of KRW 6,463,439 as well as retirement allowances of retired workers D within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to punishment prescribed for a violation of the Labor Standards Act with heavier punishment and punishment, but selection of fines);

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

1. As to the part dismissing the prosecution under Article 334(1) of the Criminal Procedure Act, among the facts charged in this case, that each of the wages and retirement allowances listed in the annexed Table Nos. 1 through 4, 6, and 15 among the facts charged in this case, is not paid. This is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act and the latter part of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to each of the written withdrawal of each of the records, it can be acknowledged that the above victims have withdrawn their wish to punish the defendant on May 28, 2014, which is the date of the prosecution in this case. Thus, this part of the prosecution is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act.