Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

The defendant is the representative director of the corporation D (hereinafter referred to as the "D") located in Geumcheon-gu Seoul Special Metropolitan City Co., Ltd. (hereinafter referred to as the "D") and is the employer who runs the bus transport business employing 104 full-time workers.

An organization agreement shall be prepared in writing and signed or sealed by both parties, and shall observe matters concerning wages, welfare expenses, and retirement allowances among the details of the agreement concluded by the organization.

According to the 2013 Organization Convention, the Company shall subscribe all drivers belonging to the Mutual-Aid Association designated by the Trade Union, set the monthly mutual-aid fee at 23,00 won per union member, and deliver it to the Trade Union by the 25th day of each month with welfare expenses for the company's welfare.

In violation of the organization agreement, the Defendant did not deliver KRW 3,58,000 to the trade union monthly premium of KRW 598,000 from March 2015 to August 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (collective agreements);

1. Article 92 subparagraph 2 (a) and (e) of the relevant Act on the Adjustment of Labor Relations and Article 92 of the Labor Relations Act, Article 31 (1) (a) and Article 31 of the same Act on criminal facts, and selection of fines;

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. The part concerning dismissal of public prosecution under Articles 70(1) and 69(2) of the Criminal Act with the detention in a workhouse

1. The summary of the facts charged is the representative director of the corporation D (hereinafter “D”) located in Seojin-gu Seoul Special Metropolitan City Co., Ltd. (hereinafter “D”) and the employer who runs bus transport business using 104 full-time workers.

Wages shall be paid in full directly to workers in currency.

Provided, That if there are special provisions in law or organization agreement, part of the wages may be deducted or paid by means other than currency.

[2016 High Court Decision 88] The Defendant, from March 13, 1996, worked as a driver from D to D, 2015, including KRW 1,787,590 as a quarterly bonus in February 2, 2015, 24 workers, as shown in Table 1 of Criminal List.