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 employer who is the representative of D Driving Schools in Ulsan-si C4, Ulsan-si, who runs the cosmetic business using 12 full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause occurs.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total of KRW 1,435,60 in May 2019 and the total of KRW 13,806,678 in retirement pay and KRW 15,242,338 in the said workplace from July 6, 2015 to June 5, 2019, within 14 days from the date of retirement without agreement between the parties to the extension of payment deadline.

Summary of Evidence

1. Application of the statutes on police statements protocol to the defendant's legal statement E;

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 Act on the Guarantee of Workers’ Retirement Benefits;

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

1. Selection of an alternative fine for punishment;

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is that the Defendant was in charge of lecture duties from December 1, 2015 to May 31, 2019 at the workplace and did not pay the total of KRW 1,000,000 in the wage balance of April 1, 2019, and KRW 15,971,954 in May 2019, and KRW 15,971,954 in total, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

2. Determination

(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. The victimized employee expressed his intention to punish the Defendant after the prosecution.

(c)

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act