Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

The defendant is the user who employs six full-time workers as the representative director of Seocho-gu Seoul Metropolitan Government 3rd floor location D, and operates software distribution business.

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

Nevertheless, the Defendant is working from February 8, 2010 to August 31, 2013 at the above workplace.

The retirement E’s wages of KRW 5,486,210 and KRW 15,734,115 of retirement allowances have not been paid within 14 days from the date of occurrence of the cause of retirement and payment, and the total amount of KRW 5,776,830 and retirement allowances of KRW 32,818,917 of the total amount of wages of the three workers, as described in the No. 1,2, and 3 of the attached crime list, were not paid within 14 days from the date of occurrence of the cause of retirement and payment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes in F, E, G, and B;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

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

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

1. Rejection of public prosecution under Article 334 (1) of the Criminal Procedure Act;

1. The summary of the facts charged is that the Defendant, as the representative director of (ju)D, works in the above workplace from July 9, 2010 to September 1, 2013.

7,702,870 won of retirement allowance B was not paid within 14 days from the date of retirement.

2. The facts charged in this part of the judgment are those falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.