Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is a user who operates an indoor building business with ten full-time workers in the second floor of the Gangnam-gu Seoul Metropolitan Government H building I and operates the indoor building business.

The Defendant has been providing labor to the employees of the said company from April 18, 2011 to May 13, 2012.

The retired worker J did not pay 8,716,230 won and retirement allowance 1,360,845 won (the total amount of wages and retirement allowances 10,077,075 won) within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A petition, a written statement and attached documents, and written confirmation of payment of benefits and non-payment of expenses (investigative Records No. 56 pages);

1. Application of Acts and subordinate statutes to report investigation results;

1. Article 109(1) and Article 36 of the Act on the Guarantee of Workers' Retirement Benefits, Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, and Articles 109(1) and 36 of the Act on the Guarantee of Workers' Retirement Benefits (the prosecutor charged for the unpaid retirement benefits in a lump sum without distinguishing the unpaid amount from the unpaid amount of the retirement benefits, but instead charged for the application of Articles 109(1) and 36 of the Act on the Guarantee of Workers' Retirement Benefits from January 27, 2005 to December 1, 2005. As the Act on the Guarantee of Workers' Retirement Benefits was enacted by Act No. 7379 on Dec. 27, 2005, the pertinent provisions of the Act on the Guarantee of Workers' Retirement Benefits shall apply not only to the unpaid amount of retirement benefits after the enforcement date, but also to the applicable provisions of the Act on the Guarantee of Workers

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with fines determined for a violation of the Labor Standards Act which is heavier than the punishment of concurrent crimes);

1. Articles 70 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 facts charged.