A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

The defendant is a representative member of limited partnership D in Tong-si, who runs high-pressure gas sales business, etc. using 11 full-time employees.

The Defendant did not pay KRW 4,573,392 in total, including annual leave allowances of 2010, annual leave allowances of 2010, annual leave allowances of 171,976, annual leave allowances of 2012, annual leave allowances of 1,532,584, annual leave allowances of 2013, annual leave allowances of 919,200, and annual leave allowances of 2013, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date between the parties.

Summary of Evidence

1. The statements of witnesses F and E in the fourth protocol of the trial;

1. An interrogation protocol of the accused by the prosecution (including E and G substitute part);

1. Each report on investigation;

1. Application of employment contracts and rules of employment statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Since the Defendant had already paid annual leave allowances according to the annual salary contract under the comprehensive wage system concluded in relation to the payment of all wages, including annual leave allowances, between the Defendant and the employee E, the Defendant is not obligated to pay additional annual leave allowances (hereinafter “instant allowances”) as stated in the facts constituting the instant crime.

2. Determination

A. In principle, when an employer concludes a labor contract, he/she shall determine the basic wage for the worker and pay the worker an aggregate of the allowances by adding it to the hours of work: Provided, That the total amount of the allowances shall not be calculated in advance without calculating the basic wage in light of the convenience of the calculation and the nature of the work, the nature of the work, etc.