Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

[2015 High 518] The Defendant is an employer who runs a physical training facility operation business by employing 7 full-time workers as D representatives in the first floor of Gwangjin-gu Seoul Special Metropolitan City C underground.

From December 1, 2012 to July 21, 2014, the Defendant did not pay KRW 4,739,928, which is the sum of KRW 143,880 on May 201, 2013 of the retired workers E, and KRW 143,880 on May 2014, as well as partial KRW 4,452,168 on retirement pay, within 14 days from the date of retirement, without agreement between the parties on the extension of the payment deadline.

[2015 High 519] The Defendant is a D representative located in the first floor B101, Seoul Special Metropolitan City Gwangjin-gu, who employs seven full-time workers and operates a health club.

From November 10, 2012 to August 20, 2014, the Defendant did not pay KRW 5,525,695 of the F's retirement pay to employees working at the aforementioned workplace within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

[2015 High 518]

1. Statement by the defendant in court;

1. A copy of each police’s statement statement regarding E in the police interrogation protocol for the defendant, the details of confirmation of facts, such as each telephone, and the information and report [2015 high 519] / Each police’s statement statement concerning the defendant’s partial statement regarding F in the police interrogation protocol for the defendant’s legal statement, financial transactions (deposit and withdrawal), the data on the settlement of PT pay, the lease contract and relevant data, the business registration certificate, the business registration certificate, each resignation, the data on the payment of retirement allowances on April 2, 2014, the details of confirmation of the payment of retirement allowances on April 2, 2014, such as each telephone, the average wage and retirement allowance calculation statement, the service table on November 2012, and the application of statutes on the payment of wages on August 2014.

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on Criminal Facts, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for Workers (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Code of the Commercial Competition (it shall be between a violation of the Labor Standards Act with respect to E and a violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits) shall be punished by a fine, respectively.