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

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

Punishment of the crime

The defendant is a representative D Co., Ltd., located in Seopopo City, who runs a lodging business with ten full-time workers.

The Defendant was in service from October 13, 2017 to July 20, 2018 and did not pay KRW 1,019,355 of his/her retired workers E’ wages for July 2018, and did not pay KRW 1,019,355 of his/her retired workers’ retirement allowances from February 1, 2017 to July 20, 2018, and did not pay KRW 1,927,252 of his/her retired workers’ retirement allowances within 14 days from the date of his/her retirement without an agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Application of the respective Acts and subordinate statutes of E and F;

1. Relevant legal provisions concerning criminal facts, Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of this part of the facts charged is that the Defendant, as the representative D Co., Ltd. located in Seopo-si, operates accommodation business with ten full-time workers.

The Defendant, who served from August 27, 2018 to October 20, 2018 and retired workers B, did not pay the total of KRW 2,33,330 on September 2018 and KRW 4,158,70 on October 2018, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. The above facts charged constitute a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the same Act.

According to the records, on October 24, 2019, after the prosecution of this case, a written agreement stating that the above victim does not want to be punished against the defendant was submitted to this court.

Therefore, this part of the facts charged is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.