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

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

Punishment of the crime

The defendant is the representative of the corporation C in Gwangju City, who runs wholesale and retail business using three full-time workers.

1. The Defendant did not pay KRW 2,00,00,000, monthly wage of D from September 17, 2008 to July 31, 2016, totaling KRW 3,00,000,000, monthly wage of KRW 1,000,000 for July 2016, and KRW 2,16,000 for E’s wage of July 15, 2016, which worked until July 15, 2016, KRW 4,16,00 for June 4, 2016, KRW 16,000 for retirement, and KRW 7,783,61,612 for total amount of KRW 7,683,612 for retirement, without agreement between the parties to retirement, within the agreed date.

2. The Defendant did not pay KRW 10,550,785 of D retirement pay from September 17, 2008 to July 31, 2016 at the said workplace within 14 days from the time of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to each benefit statement, each head of a Tong, and a retirement allowance calculation statement;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (a point of payment of unpaid wages);

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

1. Selection of an 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;