A fine of two million won shall be imposed on a defendant.

Where the above fine is not paid, one million won shall be converted into one day.

Punishment of the crime

The defendant is the representative director of C Co., Ltd. in old and American City B, who has been engaged in the manufacturing business with 37 full-time workers.

When a worker retires, an employer shall pay the wages, compensations, and other money or valuables within 14 days, and shall also pay the retirement allowances within the same period.

Nevertheless, the Defendant did not pay the total of KRW 7,626,198, including KRW 6,755,385, and annual allowances from April 12, 2015 to June 6, 2015 at the same workplace, as the 10th anniversary of the annual statement of the money and valuables in arrears attached hereto, within 14 days from the date of the retirement, and paid KRW 7,496,946 within 14 days from the date of the retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E (75 pages of investigation records);

1. Written statements of D;

1. The application of the wage ledger (from March to June), average wages and the statement of the estimated amount of retirement pay (in the investigation record 85 pages), the details of personal arrears with money and valuables (in the investigation record 89 pages), the labor contract for annual salary, and the Acts and subordinate statutes on the status of personal probation;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense, as prescribed by the relevant Act, the main sentence of Article 44 subparagraph 1 of the Act on Guarantee of Workers' Retirement Benefits, and Article 9 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a person who commits a violation of the Labor Standards Act of which the nature of the crime is grave);

1. Selection of an alternative fine for punishment;

1. Articles 70 and 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 as follows: (a) the Defendant did not pay the total amount of KRW 97,943,332 to 17 workers in total as wages, etc. within 14 days from the date of occurrence of the reasons for payment without an agreement on the extension of the payment deadline between the parties concerned; (b) the sum of the amount of money and valuables in arrears as stated in the attached Form No. 1, 5, 8 through 10, 12, 14, and 15 as the total amount of eight workers in total, such as 1,5, 8 through 10, 15.