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 in Mapo-gu Seoul Metropolitan Government D Co., Ltd. who is a full-time employee and operates a family response and trade business.

The Defendant did not pay the E’s wages of KRW 34,250,00 and retirement allowances of KRW 6,762,059, which he/she retired while working in the said workplace from July 25, 2012 to January 31, 2015, within 14 days from the date of retirement, which is the date of the occurrence of the relevant cause for payment, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 109 (1), Article 36 of the Labor Standards Act on criminal facts, Article 44 subparagraph 1, and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (a point where payment of retirement allowances is not made);

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

1. Selection of an alternative fine for punishment;

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

1. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. The Defendant, as the representative of Mapo-gu Seoul Metropolitan Government Co., Ltd. D with the third floor, is an employer who runs a household control and trade business using two full-time workers.

The Defendant did not pay B’s wages of KRW 21,00,000 and retirement allowances of KRW 9,182,250, which were retired from his/her workplace from around October 14, 2006 to January 31, 2015, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 (1) and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-performance of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

(c) Declaration of non-existence of punishment: A statement of withdrawal of the petition filed on July 6, 2015, which was after the institution of public prosecution of this case;

D. Judgment dismissing prosecution: The defendant with reasons for sentencing under Article 327 subparagraph 6 of the Criminal Procedure Act does not have the same criminal records and workers E in the trial process.