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

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

Punishment of the crime

The defendant is an employer who operates a manufacturing business with 13 full-time workers while operating the LAC in Gyeonggi-si.

1. Violation of the Labor Standards Act;

A. The Defendant did not pay KRW 5,70,000,000,000 from November 1, 2013 to March 31, 2017 at the same place of business, as well as KRW 2,30,00,00 of the retirement D’s wages in March 2017, as well as KRW 5,70,00,000,000 from the date of retirement without agreement on the extension of the payment period.

(b) an employer must pay not less than 30 days’ ordinary wages if he/she did not pre-announce the worker 30 days’ prior to dismissal.

The Defendant did not pay the total sum of KRW 5,429,470 of the pre-determination allowances for dismissal on April 1, 2017, when dismissing three workers as stated in the details of arrears, such as the above worker D, without prior notice.

2. The Defendant violated the Workers’ Retirement Benefit Security Act, including the above Workers D’ Retirement Allowance Claim 8,138,570 won, and the total amount of KRW 28,956,327 of the three workers indicated in the attached Table, did not pay the same within 14 days from the date of retirement without any agreement on extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Calculation of retirement allowances;

1. Application of Acts and subordinate statutes on arrears;

1. Article 109(1) and Article 36 of the Labor Standards Act for Criminal Facts; Article 110 Subparag. 1 and Article 26 of the Labor Standards Act; Article 44 Subparag. 1 and Article 44 of the Workers’ Retirement Security Act;

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;