Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is a representative director of D Co., Ltd. located in Bupyeong-gu Incheon Metropolitan City 501, who employs 15 full-time workers and operates a wired radio communication business.

1. The Defendant worked in the foregoing workplace from January 1, 201 to January 31, 2012, and did not pay KRW 13,630,731 in total, including the amount of KRW 13,50,000 in November 1, 201, monthly salary of KRW 2,50,000 in January 201, and the amount of annual salary of KRW 2,50,00 in January 2012, annual salary of KRW 768,558 in 2010, annual salary of KRW 1,263,157 in 201, retirement allowance of KRW 5,09,016 in total, within 14 days from the date on which the cause for the payment occurred.

2. When concluding a labor contract, the Defendant, while working in the above workplace from January 1, 201 to January 31, 2012, did not prepare in writing a labor contract for E that was retired.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each statute on witness F, E, and G's respective statutory statements;

1. The prosecutor stated in the indictment the name of the crime and the applicable provisions of the Act as “violation of the Labor Standards Act” and Articles 109(1) and 36 of the Labor Standards Act (amended by Act No. 10967, Jul. 25, 201) and Articles 31 and 9 of the former Act on the Guarantee of Workers’ Retirement Benefits (amended by Act No. 10967, Jul. 25, 201); however, the “Retirement Benefits Guarantee Act” shall apply to the retirement benefit scheme pursuant to Article 34 of the Labor Standards Act.

This is because only the criminal and applicable provisions of law vary, and the charges and statutory penalties are identical so there is no risk of causing substantial disadvantage to the defendant's defense right.

(The unpaid Retirement Pay) Article 114 subparag. 1, and Article 17(1) of the Labor Standards Act (a violation of the provision of the working conditions)

1. Articles 40 and 50 of the Criminal Code of Trade Competition (trades in violation of the Labor Standards Act due to the payment of wages and in violation of the Guarantee of Workers' Retirement Benefits Act);

1. Each selective fine for punishment;