A person shall be punished by imprisonment with prison labor for not less than 3 million won and for not more than 2 crimes as stated in the judgment of the defendant for a crime No. 1.

Punishment of the crime

On October 18, 2017, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to a violation of the Labor Standards Act in the Seoul Eastern District Court, and the judgment became final and conclusive on February 20, 2018.

The defendant is a user who operates the LAD in Songpa-gu Seoul Metropolitan Government Building C.

When a worker dies or retires, an employer shall pay him/her wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

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

1. With respect to workers E, the Defendant did not pay the total of KRW 14,981,506 of workers E’s wages from November 1, 2012 to May 31, 2017 at the same place of business, and KRW 2,384,730 of the annual average settlement refund, and KRW 12,104,636 of the retirement pay and KRW 29,470,872 of the retirement pay within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

2. With respect to workers F, the Defendant did not pay the total of KRW 70,919,696 and annual average of KRW 2,825,220 and retirement allowances of KRW 26,409,154,02 within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A written confirmation of overdue payment of wages (31 pages of evidence record), payment plan for unpaid benefits and retirement allowances to the Commissioner General;

1. Previous records of judgment: The results of inquiry, investigation report (Attachment of a copy of the judgment on the same criminal suspect's records, etc.), and application of statutes of the judgment (Seoul Eastern District Court 2017 High Court Decision 2151, etc.);

1. Each crime listed in Article 109(1) and Article 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017); Article 44 subparag. 1 and Article 9 of the Workers’ Retirement Benefits Guarantee Act; Article 2 of the Decision: Article 109(1) and Article 36 of the Labor Standards Act.