Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

The defendant is the F (State) representative of Guro-gu Seoul Metropolitan Government E-building No. 101, who runs real estate development business using five full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and other money and valuables within 14 days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.

Nevertheless, the Defendant did not pay the total of KRW 28,317,260 of G's wages and KRW 5,325,000 of retirement pay and KRW 33,642,260 of G's wages retired from the above workplace from December 1, 2004 to June 30, 2015, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (not being paid of retirement allowances);

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

1. Selection of an alternative fine for punishment;

1. Circumstances unfavorable to the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are favorable to the fact that a person has been punished by a fine for the same kind of criminal offense: The amount of wages in arrears and retirement allowances in arrears has been repaid, reflects the fact that a considerable amount of the wages in arrears and retirement allowances has been repaid, and the punishment as ordered shall be determined by taking into account the defendant's age, sexual behavior, environment, etc., and other factors included in the records;

Rejection of Public Prosecution

1. The summary of the facts charged is as follows: (a) the Defendant was employed in a workplace from July 1, 2006 to June 30, 2015; (b) the total of KRW 37,773,710 in the unpaid wages and retirement allowances of B retired from the workplace; and (c) the total of KRW 29,656,640 in the wages and retirement allowances of C retired from office from March 1, 2005 to June 30, 2015; and (d) the total of KRW 29,656,640 in the wages and retirement allowances of C retired from office; and (e) the amount of D wages and retirement allowances of D retired from office from March 2, 2005 to June 30, 2015.