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

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

Punishment of the crime

The Defendant is an operator of the “E” located in Young-si D, Young-si, who runs a restaurant business using three full-time workers.

1. From October 16, 2014 to November 30, 2015, the Defendant: (a) worked in the said workplace and was retired workers F’ wage of KRW 2,00,000 on October 10, 2015; (b) work for the portion wage of KRW 2,000,000 on November 18, 2015 to November 30, 2015; and (c) paid KRW 3,50,000,000 on October 30, 2015 to retired workers G; and (d) did not pay KRW 11,00,000,000 on the total wage of two retired workers, including KRW 3,50,000 on November 11, 201, within 14 days from the retirement date without agreement between the parties to the payment.

2. The Defendant did not pay KRW 2,227,305 of the F’s retirement pay to the said employee within 14 days from the date of retirement without any agreement between the Parties on the extension of the payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. Recording of a witness F's statement in the second public trial record made by the witness H one of the second public trial records;

1. Recording of a witness I's statement in the third public trial protocol;

1. Partial recording of a witness G in the second public trial record;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement by the police petitioner related to G;

1. The Defendant and his defense counsel, as the actual operator of the “E” under the real estate lease agreement, asserted that the Defendant is not an employer under the Labor Standards Act, but the following circumstances acknowledged by each evidence, and ① the Defendant was in a relationship with a person.

Pursuant to I's proposal, the defendant, who has expertise in I's cost enhancement, effective food, etc., opened a "E" business by having the defendant operate a restaurant, and thereafter, the defendant was stationed in E and directed and supervised workers while living in E, and managed direct profits, and paid wages to workers (the defendant is engaged in all business operations such as employment of E, personnel management, income management, etc. at the time of undergoing an investigation by the first labor supervisor.