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

If the defendant does not pay the above fine, 50,000 won.

Criminal facts

The Defendant is an employer who operates textile manufacturing business using three full-time workers under the trade name “D” in Spocheon City, and the Defendant was employed from July 10, 2012 to September 30, 2013 at the said place of business and did not pay 6,705,444 won in total of two workers’ wages and retirement allowances within 14 days from the date of retirement without any agreement on the extension of the due date between the parties, as stated in the No. 2 and No. 3 of the attached crime sight table, including KRW 1,60,000, which was retired from the said place of business.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to E and F (including attached average wages and retirement allowance calculation statements, and written confirmation of details of entry and departure transactions);

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. The summary of the facts charged is as follows: (a) the Defendant is an employer who operates textile manufacturing business using three full-time workers under the trade name “D” in Scheon City Co., Ltd.; (b) the Defendant did not pay 6,563,579 won in total of wages and retirement allowances within 14 days from the date of retirement without agreement on the extension of payment period between the parties, as stated in No. 1 of the attached Table No. 1, including the amount of wages and retirement allowances for September 201, 201 to October 12, 2013 of workers B who worked in the said workplace from February 17, 2011 to October 12, 2013.

2. The determination is based on the following facts: Article 109(1) and Article 36 of the Labor Standards Act; Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits; and Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits cannot be prosecuted against the victim’s express intent.