Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant operates Gangnam-gu Seoul and C Company D in Seoul.

1. The Defendant in violation of the Labor Standards Act did not pay within 14 days from the date of his/her retirement, without any agreement on the extension of the payment period, the sum of KRW 13.9 million, including KRW 2 million in November, 2015, the wage of KRW 3 million in September, 2015, and other money and valuables of KRW 5.9 million in which he/she retired from his/her workplace from office from September, 16, 2014 to November 20, 2015.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits for Workers (1) did not pay KRW 5,178,080 of the F’s retirement allowances retired from the said workplace within 14 days from the date of each retirement without any agreement on the extension of the payment deadline, as the Defendant retired from the said workplace to November 20, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Details of receipt of the business, daily work log, each text message, and commuting (Groin information);

1. Each judgment (Seoul Administrative Court Decision 2016Guhap51092, Seoul High Court Decision 2016Nu79085, Supreme Court Decision 2017Du48789) states that the Defendant and his/her defense counsel did not have the obligation to pay wages or retirement allowances by dismissing workers H on June 1, 2015, and workers F did not have the obligation to pay retirement allowances because they were not workers who are not workers.

According to each decision, the defendant, as the representative director of D, filed a lawsuit against the chairperson of the National Labor Relations Commission to revoke a decision on dismissal of unfair dismissal, while holding that the defendant had the same assertion, but on November 18, 2016, the defendant was ruled against the defendant on the ground that "workers F, etc. constitute workers under the Labor Standards Act, and thus, the above company is subject to restrictions on dismissal as a workplace which ordinarily employs not less than five workers, and that dismissal on June 1, 2015 of H constitutes unfair dismissal, and thus, the decision on retrial is lawful, and the above decision was finalized on September 14, 2017.

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