Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The defendant is the representative director of Gangseo-gu Busan Metropolitan Government C (State) who operates the manufacturing business of shipbuilding machinery using six regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties if special circumstances exist.

Nevertheless, the Defendant, at the above workplace around December 1, 2012, did not pay 36,078,290 won, including 2,500,000 won in October 201, 2012, and 10,334,030 won in total, and 10,34,030 won in personal delayed payment in November 2012, as well as 3,50,000,000 wages and retirement allowances of 6 workers, including 36,078,290 won in personal delayed payment, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of each relevant statute;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts; Article 44 Subparag. 1, Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that payment of retirement allowances to D, F, G, and H is not made); Articles 31, 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201);

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

1. Selection of each alternative fine for punishment;

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

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

1. Although the grounds for sentencing under Article 334(1) of the Criminal Procedure Act are indicated in the distribution schedule that the victims for sentencing under Article 334(1) of the provisional payment order received all the amount of damage in the distribution procedure (U.S. District Court I), the creditor J filed a lawsuit of demurrer against the victims on August 22, 2013.