Defendant shall be punished by a fine of KRW 8,000,000.

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

Punishment of the crime

The defendant is the representative director of C in Gangnam-gu Seoul Metropolitan Government, who employs 15 full-time workers, and operates management consulting business.

1. An employer who violates an obligation to pay wages and retirement allowances shall, if a worker dies or retires, pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred, and if a worker retires, he/she shall pay such retirement allowances within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay the total amount of KRW 49,401,572, and the total amount of KRW 25,642,353 of the five employees, as shown in the list of crimes in attached Table, such as KRW 14,166,66, and KRW 25,642,353, as well as the total amount of KRW 49,40,572 of the five employees, within 14 days from the date of retirement, without any agreement on the extension of the payment period between the parties.

2. Where an employer intends to dismiss a worker in violation of the obligation to pay the pre-employment allowance, he/she shall pre-announce the dismissal at least thirty days, and where he/she fails to do so thirty days prior to the dismissal, he/she shall pay not less than thirty days ordinary wages.

Nevertheless, on April 30, 2016, the Defendant dismissed workers E working at the same workplace without giving notice of dismissal 30 days prior to the date of dismissal, and did not pay 5,753,424 won as indicated in the attached Table of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with D;

1. Each statement in the preparation of E, F, G, and H;

1. Inquiry into details of transaction in the wage account, detailed statement of calculation of retirement pay, each average wage and retirement allowance, each written determination of dismissal, notice of dismissal, e-mail, account transaction details, copies of a labor contract, business expenses, details of overdue payment of money and goods, inquiries about transaction details of each benefit account, details of salary specifications, details of overdue payment of expenses, details of overdue payment of wages

1. Article 109(1) of the Labor Standards Act for Criminal Facts