Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The defendant is a representative of the Nam-gu Incheon Metropolitan City D 605 (State) E, who employs nine full-time workers and operates a private teaching institute business.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, from August 27, 2012 to November 21, 2014, the Defendant did not pay 32,635,200 won in total, including weekly paid leave allowances for two workers, annual paid leave allowances, etc., as shown in the list of crimes in attached Form, as shown in the list of crimes, as well as 259,200 won for weekly paid leave allowances for two workers, and annual paid leave allowances, within 14 days from the date of retirement, respectively.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, from August 27, 2012 to November 21, 2014, the Defendant did not pay 15,506,103 won in total, including 8,853,012 won in F's retirement allowance of workers under the nationality of the United States, who worked at the said workplace, within 14 days from the date of each retirement, as stated in the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes, such as a statement of reason for petition, each translation, each contract, and details of overdue wages;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Selection of each alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the nature of an employee under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

1. Workers under the Standard Work Standards Act.