Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is the representative director of C Co., Ltd. located in Sungnam-gu, Sungnam-si, 1309, who employs 15 full time workers and engages in software development business.

[2014 High Court Decision 940]

1. The Defendant, at the foregoing workplace, did not pay KRW 29,634,605 in total amount of seven workers within 14 days from the date of retirement, as stated in the attached Table, as well as KRW 1,250,00 of the D’s wages in September 2013, in which the Defendant worked from November 25, 2012 to November 30, 2013, as well as KRW 29,634,605 in total, as stated in the attached Table, without any agreement on the extension of the payment

2. The Defendant did not pay KRW 2,513,171 of D retirement pay within 14 days from the date of retirement without agreement on extension of the due date between the parties.

[2014 high-level 941] The Defendant paid the amount of KRW 4,583,333 of the wage of September 2013 and the monthly wage of November 1, 2013 and KRW 1,83,583,333 of the F, who worked at the said workplace from January 26, 2013 to November 30, 2013, as totaling KRW 91,83,333 of the wage of September 2013 and the monthly wage of November 1, 2013, as well as KRW 4,583,333 of the said workplace from February 4, 2013 to November 30, 2013, the Defendant did not pay the amount of KRW 916,67, the wage of September 2013 and KRW 1,83,533,333 of the wage of November 2013 within 14 days from the date of retirement without agreement between the parties.

Summary of Evidence

[2014 High Court Decision 940]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Labor contract, details of arrears, average wages and retirement allowance calculation statement (2014 high-end 941);

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of employment contracts and the details of arrears statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, 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 the Commercial Concurrent Crimes (trades violating the Labor Standards Act with respect to Workers D and violating the Guarantee of Workers' Retirement Benefits Act);

1. Selection of an alternative fine for punishment;

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

1. The Criminal Act for the detention of a workhouse;