Defendant shall be punished by a fine of KRW 4,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Punishment of the crime

The defendant is an actual manager of the C Co., Ltd. located in Seocho-gu Seoul Metropolitan Government, who employs 7 full-time workers and operates software development business.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay the total amount of KRW 9,048,386 of wages of three workers, including the total amount of wages of KRW 43,487,536, and the total amount of wages of KRW 2,833,333 on October 2, 2014, of KRW 2,833,333, and KRW 2,833,333, and KRW 548,387, Jan. 2015, as indicated in the list of crimes in attached Table, without agreement on the extension of the payment date between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred; and

Nevertheless, the Defendant did not pay KRW 6,852,509 for retirement allowances of employees E retired from the said workplace from July 1, 2013 to May 29, 2015, and did not pay KRW 10,468,947 in total for two employees, as shown in the list of crimes in the attached Table, within 14 days from the date of retirement, without any agreement on the extension of payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

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

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. 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 of the Criminal Act to attract a workhouse.