Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The defendant is the actual operator of Yangcheon-gu Seoul Metropolitan Government (State)C, who employs four full-time workers and engages in construction business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and where the worker retires, the employer shall pay the worker a retirement allowance within 14 days after the cause for such payment occurred.

The Defendant did not pay wages of KRW 21,612,903, retirement allowances, retirement allowances of KRW 5,148,696, and wages of KRW 17,500,000, retirement allowances, KRW 7,198,101 for retired workers E who worked in the said workplace from July 7, 2014 to May 20, 2016, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. A truth-finding statement;

1. Application of Acts and subordinate statutes confirming payment of benefits;

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 a fine for selective punishment (only two times a fine has been imposed on the same case, and there is no record of punishment exceeding the fine for any other crime; Defendant was unable to pay wages or retirement allowances to employees while closing down his/her business due to his/her difficulties in management and does not seem to have committed a planned or malicious crime; considering the fact that the Defendant prepared money and paid most part of the wages in arrears under the conditions that the Defendant was difficult to do so, etc.);

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. Articles 70 and 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;