Defendant shall be punished by a fine of KRW 10,000,000.

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

Punishment of the crime

When a worker dies or retires, an employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and where a worker retires, an employer shall pay the worker a retirement allowance within 14 days after the cause for such payment occurred, and where there exist special circumstances, the period may be extended by mutual agreement between the parties concerned.

The Defendant is a person who employs approximately 30 full-time workers as the representative of C Co., Ltd. located in Yeongdeungpo-gu Seoul Metropolitan Government and operates a tourist accommodation business, etc. The Defendant was an employer. From February 27, 2016 to April 3, 2016, the Defendant worked in the said workplace and did not pay the amount equivalent to KRW 261,00 on February 27, 2016, wages of KRW 52,000 on March 3, 2016, the total amount of KRW 813,000 on the date of the payment between the parties without agreement on the extension of the payment period between the parties, and did not pay the amount equivalent to KRW 149,715,892 on the wages and total retirement allowances of 26 workers within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Each written statement of F, G, H, I, J, K, K, L, D, M,O, P, Q, R, and T;

1. Application of Acts and subordinate statutes to each labor contract, career certificate, written confirmation on arrears, average wages, and the calculation of retirement allowances;

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

1. It is not good that the amount of overdue wages, etc. in the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are many, is not good.

However, the defendant is the first offender, and the overdue wage.