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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The defendant is a representative director of Da, which is located in Gangwon-gun B, who employs 19 full-time workers and operates kimchi manufacturing business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, at around April 2, 2013, did not pay the total of KRW 4,339,658 of the wages and retirement allowances of 13 workers within 14 days from the date of occurrence of the cause for payment without an agreement on extension of the due date between the parties, and did not pay the total of KRW 4,02,253 of the wages and retirement allowances of 13 workers within 14 days from the date of occurrence of the cause for payment, as described in the attached crime list from April 2, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E, F, and D;

1. Statement made by the police to G (including the statement made by H);

1. Statement made by the police to I (including the statement made by the J);

1. Application of the relevant Acts and subordinate statutes to each written petition and each written statement;

1. Article 109 (1) and Article 36 of the Labor Standards Act regarding criminal facts, Articles 109 (1) and 36 of the relevant Act concerning the selection of punishment, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines;

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