Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is a user who employs approximately 200 full-time workers as a representative of the F Co., Ltd. in Mapo-gu Seoul Metropolitan Government, but is engaged in the customer counseling business.

From November 1, 2013 to April 30, 2015, the Defendant: (a) provided counseling services on the eightth floor of G building in Jung-gu Seoul, Jung-gu, Seoul; (b) provided extended labor allowances and food expenses of retired workers H; (c) paid the total sum of extended labor allowances and food expenses of the same worker I; (d) KRW 1,531,582; and (e) paid the extended labor allowances and food expenses of the same worker J; and (e) paid the total sum of extended labor allowances and food expenses of the same worker J; and (e) paid KRW 1,265,415 within 14 days from the date of retirement, without agreement between the parties on the extension of payment period.

Summary of Evidence

1. Partial statement of the defendant;

1. Each complaint;

1. Each police statement made with respect to H, I, K, and L;

1. A protocol concerning the interrogation of the suspect against the defendant (including the substitution of the suspect);

1. A schedule of hours of overtime service;

1. Each labor contract;

1. Standards for the payment of benefits, and service regulations;

1. Each detailed statement of benefits;

1. Each written confirmation;

1. Recording records;

1. Application of Acts and subordinate statutes governing deposit receipts related to partial payment of wages;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 109 (1) and 36 of the Labor Standards Act, and the choice 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendant asserts that the comprehensive wage system has not been obliged to pay additional allowances since the employees worked more than 20 minutes prior to the working hours of the labor contract. However, the Defendant entered into a comprehensive wage contract to pay 403,960 won per month as statutory allowances, such as extension of the working hours, night, and holiday work allowances. The Defendant asserts that the aforementioned 20 minutes are included in allowances, and thus there is no obligation to pay additional allowances.

However, (1) The late night team working hours (e.g., day duty) in the labor contract are from 23:00 to 09:00 of the average day (e.g., two hours of break) and the end of the week from 18:00 to 09.