Defendant shall be punished by a fine of KRW 2,500,000.

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

Punishment of the crime

The Defendant is the representative of “E” located in D at the time of the truth-finding and is an employer who operates a service business using 23 regular workers.

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

Nevertheless, the Defendant, while working in the said workplace from October 15, 2012 to March 2, 2015, did not pay KRW 840,500 to retired workers F in December 2, 2014 without an agreement on the extension of the due date between the parties concerned, and did not pay KRW 7,015,230 in total of wages to F, G, H, and I as shown in the attached crime list (1).

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant, while working in the above workplace from March 21, 2012 to April 20, 2014, did not pay the retirement benefits of 2,412,500 to 14 days from the date of retirement, and did not pay 19,296,600 won in total to 10 workers, including J, etc., as stated in the list of crimes (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of each relevant statute;

1. Article 109(1) and Article 36 of the Labor Standards Act (which refers to the payment of wages), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which refers to the payment of retirement benefits), and the choice of each fine concerning criminal facts;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fact that the wages in arrears by the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, including the amount of retirement pay to KRW 7,015,230, and the amount of retirement pay to KRW 19,296,600.