Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

The defendant is the employer as the operator of the D Co., Ltd. in the sixth floor of Mapo-gu Seoul Metropolitan Government building C.

When a worker dies or retires, the employer shall, unless agreed by the parties concerned with an extension of the payment date, pay the wages, compensations, retirement allowances, and other money and valuables within 14 days after the cause for such payment occurred.

From April 6, 1989 to September 30, 2016, the Defendant did not pay KRW 21,933,968 in total, including the wages of E employed in the said D Co., Ltd. within 14 days from the date of retirement without agreement between the parties to the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes to the general head of sales headquarters;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is that the Defendant did not pay KRW 1,385,939 in total and KRW 19,66,119 in the amount of annual unused allowances of workers B employed by the said D Co., Ltd. from April 10, 200 to October 27, 2017, within 14 days from the date of retirement without agreement between the parties on the extension of payment deadline.

2. Violation of the Labor Standards Act due to unpaid wages, and violation of the Act on Guarantee of Workers’ Retirement Benefits due to unpaid retirement allowances cannot be prosecuted against the victim’s express intent (Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits), and on May 11, 2018, B expressed his/her intention not to be punished by the Defendant. Thus, this part of the public prosecution is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.