1. The Defendant shall pay to the Plaintiff KRW 58,586,940 and the interest rate of KRW 20% per annum from October 31, 2015 to the day of full payment.

1. Basic facts

A. The Defendant was indicted for violating the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits with respect to the failure to pay wages and retirement allowances to the Plaintiff, and was sentenced to a fine of KRW 7,000,000 from the Seoul Central District Court on August 25, 2016 (2016Sang2641), and the part concerning the Plaintiff among the facts constituting the crime in the above judgment is as follows.

The defendant is an employer who operates a construction design business using five regular workers in Gangnam-gu Seoul Metropolitan Government.

[Violation of the Labor Standards Act] When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the defendant is working in the above workplace from February 25, 2008 to October 16, 2015.

The Plaintiff’s retired worker’s wage of KRW 3,100,00 for February 2, 2015, the wage of KRW 3,700,00 for March 2015, the wage of KRW 3,700,000 for April 2015, the wage of KRW 3,700,000 for May 2015, the wage of KRW 3,700,000 for June 6, 2015, the wage of KRW 3,700 for KRW 3,700,000 for July 20, 2015, the wage of KRW 3,700,000 for August 8, 2015, and KRW 3,700 for wage of KRW 3,70,000 for September 19, 2015, the wage of KRW 9,670,000 for 309,709,979.

[Violation of the Guarantee of Workers' Retirement Benefits Act] When a worker retires, the employer shall pay the retirement allowance within 14 days from the time when the ground for such payment occurred.

Nevertheless, the defendant is working in the above workplace from February 25, 2008 to October 16, 2015.

The retirement allowance of the retired worker was not paid 27,677,270 won within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

B. Both the prosecutor and the defendant appealed against the above judgment, but the dismissal judgment was rendered on November 11, 2016 (Seoul Central District Court 2016No3216), and the above judgment became final and conclusive as it is.

【Ground of recognition” has no dispute, Gap 2, 7, and 8.