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 the representative director of C Co., Ltd. located in Nam-gu Incheon Metropolitan City, who runs the D hotel operating business, etc. using 20 full-time workers.

When a worker retires, the employer shall pay him/her wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant worked at the above hotel from October 1, 2014 to March 31, 2016, and was retired from the hotel and did not pay KRW 1,224,50 of the annual salary and retirement allowance 2,969,742 of the retired employee E, and annual salary and retirement allowance 73,420 of the retired employee during the period from September 9, 2014 to March 31, 2016, and did not pay KRW 73,420 of the retired employee’s annual salary and retirement allowance 2,123,64, and from March 10, 2014 to March 31, 2016, during the period from March 31, 2016 to KRW 3,061,24 and retirement allowance 5,361,106, Oct. 7, 2014 to KRW 315,3165 and 315 of the retirement allowance.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, G, H, F, and I;

1. Documents attached to the police suspect examination protocol of the accused (number 10-1 to 10-12);

1. Lease contract, labor contract, and details of payment made from 2014 to 2016;

1. Application of Acts and subordinate statutes to each fact-finding table (the Incheon Southern Dong branch of the National Health Insurance Corporation, the National Pension Service, and the remaining training branch office);

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 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (which means the payment of retirement allowances)

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (which is between a violation of the Labor Standards Act as stated by each worker and a violation of the Guarantee of Workers' Retirement Benefits Act as stated in the judgment);

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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