Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is a representative D in the Nam-gu Incheon Metropolitan City, who is engaged in restaurant business using seven full-time workers.

The Defendant, as well as E’s retirement allowance of 6,475,220 won, who worked as a captain at the above workplace from October 18, 2008 to March 15, 2012, did not pay 18,029,170 won, including wages and retirement allowances, total of 129,29,170 won in October 208, as stated in the calculation of the amount of delayed payment, within 14 days from the date on which the cause for payment occurred, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

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. 10366, Jun. 10, 2010) and Articles 31 and 9 of the former Act on the Guarantee of Workers’ Retirement Benefits (amended by Act No. 10366, Jun. 10), but the “Retirement Benefits Guarantee Act” applies 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.

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;