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

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

Punishment of the crime

The defendant is a representative director of C Co., Ltd., which is a software development company in Gangnam-gu Seoul Metropolitan Government and 3 floors, who ordinarily employs 10 workers and operates the above company.

When an employee retires, the employer shall pay the wages, compensations, and other money and other valuables and retirement allowances within 14 days from the time when the cause for such payment occurred, unless there exists an agreement on the extension of the payment date.

1. The Defendant, in violation of the Labor Standards Act, did not pay the total of KRW 15,895,159 of the wages of six retired workers within 14 days from each retirement date without agreement on the extension of payment deadline, as shown in the list of crimes in the attached Table, including KRW 4,00,000,000,000 for the wages of April and May of 2016, retired from the said workplace as the Defendant was working from February 12, 2015 to May 31, 2016.

2. The Defendant who violated the Workers’ Retirement Benefit Security Act did not pay KRW 2,546,158 of the D retirement pay to the said workplace within 14 days from the date of retirement without any agreement on the extension of the payment deadline, in which he/she retired from employment from the said workplace from February 12, 2015 to May 31, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, F, and G;

1. Application of Acts and subordinate statutes to each written petition, each labor contract, and a statement of benefits;

1. Article 109 (1), Article 36 of the Labor Standards Act for Criminal Facts, and Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement benefits);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to a violation of the Labor Standards Act for Workers D and a violation of the Guarantee of Workers' Retirement Benefits Act);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;