Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

The defendant is the representative director of D Co., Ltd. 480, Nam-gu, Incheon Metropolitan City, who is engaged in the cooling manufacturing business by employing five full-time workers.

Where an employee retires, an employer shall pay wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay wages of KRW 32,500,000 and retirement allowances of KRW 3,945,200, retired from the said workplace from December 1, 2012 to March 25, 2014, within 14 days from the date of retirement, without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to certify overdue wages;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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. Although the total amount of unpaid wages and retirement allowances for the reason of sentencing under Article 334(1) of the Criminal Procedure Act does not exceed the total amount, the defendant's erroneous recognition of his/her misconduct and reflects against his/her management difficulties, which led to the delayed payment of wages and retirement allowances in the future, and the payment of wages and retirement allowances to E in the future, and the primary offender who has no criminal history, shall be considered as favorable circumstances, and the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be comprehensively considered, and the punishment as set forth in the Disposition above shall be determined by taking into account various sentencing conditions as set forth in the arguments in the instant case.