Defendant shall be punished by a fine of 3.5 million won.

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

Punishment of the crime

The defendant is a representative of the Gangnam-gu Seoul Metropolitan Government E and the second class, who employs six full-time workers and operates a cosmetics wholesale and retail company.

When a worker dies or retires, the employer shall pay the wages, retirement allowances, compensation, and all other money and valuables within fourteen days after the cause for such payment occurred.

The Defendant, while working in the foregoing workplace from October 16, 2013 to March 31, 2017, did not pay KRW 13,33,003 in total, including the wages and retirement allowances of retired workers G, within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned, and did not pay KRW 27,513,512 in total, including the wages and retirement allowances of two workers, within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the petitioner (Evidence No. 6);

1. Reporting on confirmation of details of overdue money and valuables;

1. Application of Acts and subordinate statutes to the calculation statement of each retirement allowance (Evidence Nos. 14, 15);

1. Articles 109 (1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter the same shall apply) applicable to criminal facts; Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of obligation to liquidate money and other valuables); and Articles 44 subparagraph 1 and 9 of the same Act (a violation of obligation to liquidate money

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the crimes of violation of each former Labor Standards Act by worker and each violation of the Guarantee of Workers' Retirement Benefits Act, and the punishment imposed on each violation of each former Labor Standards Act of which crimes are more severe);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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 summary of the facts charged is a worker who retired from his/her workplace while serving in the workplace from November 30, 2015 to April 1, 2017.