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

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

Punishment of the crime

The defendant is a user who runs an information and communications construction business using five full-time workers as the representative director of the Seoul Guro-gu Seoul Metropolitan Government (State), located in 612.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the amount of KRW 6,267,100 as the total amount of KRW 2,670,000 in January 2, 2015, the amount of wages of KRW 2,670,00 in February 2015, and wages of KRW 2,670,00 in March 2015, as well as KRW 6,267,100 in March 2015, without any agreement on the extension of the payment period between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within 14 days after the ground for such payment occurred, unless the parties have agreed on the extension of the payment deadline;

Nevertheless, the Defendant did not pay KRW 7,263,863 of retirement allowances of retired workers D from the place of business of the said company from July 2, 2012 to March 31, 2015 without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. A protocol concerning the examination of the accused;

1. Statement made with D;

1. Application of Acts and subordinate statutes on corporate registry information;

1. Article 109(1) and Article 36 of the Labor Standards Act for Criminal Facts (a violation of the duty to liquidate money or goods), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of the duty to liquidate money or goods);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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;