Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The Defendant, as the representative director of the G G, who was in the Republic of Korea, was employed by 7 full-time employees and engaged in the manufacturing of chemical fibres.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the worker wages, and other money or valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the due date for payment;

Nevertheless, the Defendant did not pay KRW 2,493,625 of H’s wages in December 2015, which he/she worked in production from October 1, 2012 to July 28, 2016 at the above workplace, and did not pay KRW 16,184,783 in total of the wages to H, as in the attached Table 1’s previous statement of money and valuables in arrears (1).

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within 14 days from the date on which the grounds for such payment occurred, unless the parties have agreed to extend the payment period;

Nevertheless, the Defendant did not pay KRW 12,303,472 of H’s retirement allowance as once a year, among the statement of money and valuables in arrears by each individual in attached Form 1.

Summary of Evidence

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

1. A H statement;

1. Details of arrears with H, average wages and the calculation of retirement allowances, and the application of statutes on the table of transaction performance;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits (which shall not be paid for retirement);

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the amount of unpaid wages, etc. on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, and the sentencing conditions indicated in the record, such as the Defendant’s age, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., as stated in the text of the Criminal Procedure Act.