Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

The defendant is the representative of D in Busan Nam-gu C, and is an employer who runs an educational service business using eight full-time workers.

1. An employer who has not paid wages or retirement allowances shall, in cases where a worker retires, pay such wages or retirement allowances within 14 days from the date on which the causes for such payment occurred, unless the date is extended by an agreement between the parties concerned due to special circumstances

Nevertheless, the Defendant did not pay KRW 1,00,000 of wages and retirement allowances for two workers, as stated in the list of crimes in the attached Table, to the above workplace around September 16, 2014, and did not pay KRW 21,076,967 for the total amount of wages and retirement allowances for two workers within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without an agreement extending the payment period between the parties.

2. On July 21, 2014, the Defendant, who was not paid advance payment of dismissal allowance, did not pay KRW 1,300,000,000, which is the ordinary wage for at least 30 days, even if he was dismissed without advance payment of worker F at the above workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of F;

1. A E-document;

1. Each police statement made with respect to G and H;

1. Application of the Acts and subordinate statutes to photographs by cutting down the details of entry and withdrawal, letters, and the caps;

1. Article 109(1) and Article 36 of the Labor Standards Act (a violation of the duty to liquidate gold), Article 44 Subparag. 1, Article 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of the duty to liquidate gold), Article 110 Subparag. 1, and Article 26 of the Labor Standards Act concerning facts constituting an offense;

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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s assertion F is not a worker, and even if the F is a worker, the unpaid wage is given to the Defendant’s excessive payment, etc.