Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the actual management owner of the E Co., Ltd. in Gunsan-si D, who runs a construction business by employing five full-time workers.

From March 27, 2008 to September 29, 2013, the Defendant is working in the above workplace.

The retired victim F was not paid KRW 2,100,00 in July 2013, KRW 2,100,000 in August wage, KRW 2,100 in September wage, KRW 2,100,00 in retirement allowance, KRW 8,327,89 in September 8, 2013, within 14 days from the date of retirement without an agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to inquire into employment insurance history;

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. Selection of each 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. 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 working in the above workplace.

On January 26, 2013, the victim C’s retirement payment of KRW 3,00,00,00 for retirement pay of KRW 13,55,827 for retirement pay of KRW 13,52,90 for February 7, 2013, and the victim B who retired on March 7, 2013 did not pay KRW 70,000 for retirement pay of KRW 4,465,296 for March 2013 within 14 days from the date of retirement without any agreement between the respective parties on extension of the due date.

2. The facts charged in this part of the judgment are the crimes 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, which 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. According to the records, the workers C and B have withdrawn their intent to punish the defendant after the public prosecution of this case. Thus, this part of the prosecution is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act.