Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is the representative director of the 1st floor D corporation in Seongbuk-gu Seoul Metropolitan Government, who is a user who conducts fire-fighting equipment construction business using 12 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and where the worker retires, the employer shall pay the worker a retirement allowance within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the wages of KRW 1,658,580 (amounting to annual allowances of KRW 797,350 in which wages are underpaid, KRW 861,230) and retirement allowances of KRW 802,377 within 14 days from the date of each of the above retirement, in which he/she retired from the said workplace from employment from July 29, 2014 to October 7, 2015.

Accordingly, the Defendant did not pay wages within the same period at the same time when he/she retired.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police for E;

1. A written calculation of average wages and retirement allowances;

1. Application of Acts and subordinate statutes to the submission of a trading statement;

1. Article 109 (1) of the Labor Standards Act (which means the payment of wages) of the relevant Act on criminal facts, subparagraph 1 of Article 44, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which means the payment of unpaid wages at 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;