A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

The Defendant is an employer who runs a vessel processing business using 38 full-time workers under the trade name of “D” at macrosc.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 1,381,90 on August 2013, 2013 to retired workers E while working from the above “D” from October 1, 2012 to September 17, 2013, and did not pay KRW 103,370,298 on the aggregate of the wages of 38 workers, as in the previous sheet of personal arrears (Ⅰ), as in the previous sheet of money and valuables for each individual, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) did not pay KRW 2,582,608 of the retirement pay of retired workers F while working in the above “D” from October 1, 2012 to September 30, 2013; and (b) did not pay KRW 49,169,239, total amount of 16 retirement pay for each individual employees, as in the attached Form’s financial statements on delayed payment (Ⅱ), 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 by the defendant in court;

1. Statement of the police statement related to G;

1. Report on acquisition of investigation data;

1. The calculation statement of average wages and retirement allowances, D wage ledger, detailed statement of payment of expenses for daily work and labor, employment information in the workplace, list of workplace employees, health insurance qualification acquisition certificate, confirmation of each individual's wages and retirement allowances arrears, and the application of statutes on business registration certificate;

1. Relevant legal provisions for facts constituting an offense, Articles 109(1) and 36 of the Act on the Standards for Optionald Labor, Article 44 Subparag. 1, Article 44 of the Guarantee of Workers' Retirement Benefits Act, and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, and Selection of Imprisonment with labor, respectively;

1. Although substitute payments have been made to affected workers on the grounds of sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, substitute payments for a considerable amount of money are not actually repaid by the defendant, and the defendant runs away several times in the course of investigation and trial.