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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The defendant is the representative of Gangnam-gu Seoul Metropolitan Government D Co., Ltd. who employs seven full-time workers and conducts advertising business.

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

Nevertheless, the Defendant, from the business point of the above company in Guro-gu Seoul Metropolitan Government to August 1, 2012, as advertising staff from August 1, 2012 to August 31, 2012, did not pay the total amount of KRW 6,578,800 in arrears to five workers, including the amount of KRW 1,109,780, etc. for August 2012 for retired workers F, within 14 days from the date of the occurrence of the cause for payment, without an agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Each statement of witness G, H, I, and F in the third protocol of trial;

1. The statements made by witnesses J and K in the fourth trial records;

1. Investigation report (report on telephone communications of a suspect);

1. Application of a copy of business registration certificate;

1. Article 109(1) and Article 36 of the Labor Standards Act and the choice of fines for criminal facts;

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. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Five workers, such as alleged F, were employed by the J and had them perform a separate duty other than the defendant's business, so the defendant has no obligation to pay wages to the above workers.

2. In light of the evidence duly examined and adopted by this Court, it is recognized that the defendant, as the representative of D and the employer of five workers such as F, is liable for the breach of the duty to liquidate the money and valuables of this case. After the employment of the above workers, the defendant and the J workers agree on work instruction and payment of wages.