Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is a user who employs at least one full-time worker in Yongsan-gu Seoul Metropolitan Government, and operates an overseas construction business under the trade name of D Co., Ltd.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 18,500,000 per month from September 201 to July 2013, 201 without an agreement between the parties on the extension of the payment deadline and KRW 18,500,000 per month from August 201 to July 2013.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) did not pay KRW 1,702,575 of the retirement pay of E, which was employed by the said company from September 201 to July 2013; and (b) did not pay the said KRW 1,702,575 within 14 days from the date on which the relevant grounds for payment occurred without an agreement

Summary of Evidence

1. Legal statement of witness E, and part of witness F, legal statement of witness E;

1. To refer to the history of payment of benefits (payment, unpaid payment) and the details of each bank transaction;

1. Certificates of severance from employment of insured workers;

1. A payment certificate of health and long-term medical care insurance premiums;

1. A written calculation of average wages and retirement allowances;

1. Inquiry into history of employment insurance (E, G, and H) and the application of Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 109(1) and 36 of the Act on the Standards for Selective Labor, Article 44 Subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and the Selection of each fine;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;