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 user who carries on construction business as a representative director of L, Inc. in Seoul K.

1. The Defendant violating the Labor Standards Act is serving as the site manager from March 9, 2017 to March 10, 2018 at the construction site of “N” remodeling in Nowon-gu, Seoul Special Metropolitan City.

A retiredO’s wages of KRW 5,66,670 on December 2, 2017, KRW 5,66,670 on January 2, 2018, KRW 5,666,670 on February 2, 2018, and KRW 18,645,172 on March 1, 2018, were not paid within 14 days from the date of retirement without any agreement on extension of the due date for payment between the parties concerned.

2. The Defendant violated the Guarantee of Workers’ Retirement Benefits Act at the construction site, serving as the site manager from March 9, 2017 to March 10, 2018.

The retirement allowance of retiredO was not paid 8,042,014 won within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Statement of the police officer concerning theO;

1. A petition prepared by theO;

1. Business registration certificate, corporate registration, copy of construction business registration certificate, and construction contract;

1. Application of Acts and subordinate statutes concerning details of money and valuables, details of payment, and details of transactions;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, 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 ordinary concurrent crimes (Punishment on a violation of the Labor Standards Act heavier than punishment);

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are not substantial in the amount of unpaid wages and retirement allowances that the accused has sustained to the victim;

However, the fact that the defendant recognizes the crime of this case and reflects the wrongness, that there is no record of criminal punishment beyond the same crime or fine so far, and that there is no other defendant.