Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

The defendant is the representative C in Yongsan-gu Seoul Metropolitan Government who runs restaurant business using eight full-time workers.

If an employee retires, the employer would not pay 53,856,713 won, including 1,400,000 won in November 10, 2013 to the worker D, who had worked from December 21, 2017 to December 21, 2017, including 53,856,713 won in total for three workers, as shown in the list of crimes in the attached Form, unless agreed by the parties concerned, within 14 days from the date of retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes governing the inclusion and employment of retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

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

1. Selection of each alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: Contrary to mistakes, the fact that only the fact that he/she has been punished by a fine for a different type of fine is large, the fact that the amount of money and valuables in arrear is not recovered, the fact that the damage has not been recovered, and the defendant has made a serious effort to recover the damage;

The punishment shall be determined in consideration of the following circumstances, such as the defendant's age, sexual conduct, environment, motive and background of the crime, means and consequence, circumstances after the crime, etc.