Defendant shall be punished by a fine of KRW 500,000.

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

Punishment of the crime

The defendant is an employer as a representative director of E company with the purpose of construction business, etc. by using 50 full-time workers on the third floor of Gangnam-gu Seoul Metropolitan Government D building.

① From April 28, 2008 to April 30, 2014, the Defendant did not pay KRW 6,859,730 of the F’s wages and KRW 20,922,180 of the retirement allowances and KRW 2,068,750 of the G’s wages employed in the said company from November 1, 2012 to February 10, 2015, KRW 5,461,770 of the retirement allowances and KRW 5,150 of the worker H’s wages employed in the said company from January 2, 2012 to December 31, 2014, without agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Defendant's legal statement;

1. Each petition and statement of the F, G and H;

1. Application of Acts and subordinate statutes to the details of arrears, payment of wages and retirement allowances, and verification of telephone calls;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the defendant recognized the facts constituting the crime of this case; (b) the defendant committed the crime of this case due to business difficulties; and (c) the defendant made efforts to pay the unpaid wages and retirement allowances to the victimized workers; and (d) a significant portion of the result of the efforts to pay the unpaid wages and retirement allowances (G was fully repaid through substitute payment; and (e) in the case of F, KRW 929,180 and KRW 1,481,190 in the case of H remains in the amount of outstanding payment).