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 is a representative of Dong-gu Seoul, who is an employer who employs two full-time workers and operates crowdfunding.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant, on November 30, 2013, did not pay KRW 3,225,00 of the E’s wages retired from the said workplace on November 30, 2013, and did not pay KRW 18,225,000 for the total wages of two retired workers as shown in the attached Table of Crimes, without agreement between the parties to the extension of payment due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after any cause for such payment occurred; and

Nevertheless, on December 31, 2013, the Defendant did not pay the F retirement allowance of KRW 2,349,960, which retired from the said place of business on December 31, 2013, 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline

Summary of Evidence

1. Each legal statement of witness F and E;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Entry of each police statement in the F and E;

1. The defendant and his defense counsel argued that E and F are not the workers of D, and that the defendant is not the employers of E and F, and therefore, the "employer" under the Labor Standards Act refers to the business owner, the person in charge of business management, and other workers' act on behalf of the business owner. The "person in charge of business management" refers to the person who is responsible for the whole or part of the business and is delegated by the business owner with a comprehensive delegation for the whole or part of the business.