Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The defendant is a representative director of Gangnam-gu Seoul Metropolitan Government C (State) who employs 50 full-time workers to dispatch workers.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed to extend the due date for payment.

Nevertheless, the Defendant, as indicated in the list of crimes attached to the crime committed on April 11, 2016 through December 13, 2017, retired from the Defendant’s employment of the said company, did not pay 23,018,004 won in total of 12 employees, and 28,956,219 won in total of 8 employees’ retirement allowances within 14 days from the date of retirement, as shown in the list of crimes attached to the D, including 1,461,939 won in November 1, 2017, retirement allowances of 3,498,327 won, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written petition;

1. Application of Acts and subordinate statutes to inquire into history of employment insurance, a ledger of wages, details of money and valuables in arrears, and calculation of retirement allowances;

1. Article 109(1), Article 36 of the Labor Standards Act (which means the payment of wages, etc.), Article 44 Subparag. 1, and Article 9 of the Guarantee of Retirement Benefits for Workers (which means the payment of unpaid wages, etc.) concerning facts constituting an offense;

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;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;