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 the representative director of Geumcheon-gu Seoul Metropolitan Government Co., Ltd., which is a building B 202 Dong, and is an employer who engages in software development business, etc. using nine regular workers.

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

Nevertheless, the Defendant, at the foregoing place of business from October 21, 202 to June 30, 2014, worked as an office member and retired employee D’s wages of 382,848 won on April 4, 2014, wages of 3,935,403 won on May 5, 2014, wages of 3,935,403 won on June 6, 2014, annual settlement refund of 2013, 1,289,240 won, interim settlement refund of 517,050 won, annual settlement refund of 2014, 33,560 won, retirement allowances of 27,497,465 won, and total amount of 37,590,969 won between the above employee and the date of payment without agreement on extension.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A complaint;

1. Application of Acts and subordinate statutes related to career certificates (D), payment records (D), average wages and retirement allowances, and specification of transactions;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of Article 334(1) of the provisional payment order, considering the following favorable circumstances: (a) the amount of unpaid wages and retirement allowances reaches approximately KRW 38 million; (b) the Defendant did not agree with the instant employee; (c) the Defendant did not have the same criminal records; and (d) the Defendant did not have the same criminal records; and (c) paid 13,382,840 won out of unpaid wages and retirement allowances as substitute payments.