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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Punishment of the crime

The defendant, as the representative director of Kimpo-si (State), is an employer who runs a manufacturing business using four full-time workers.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 6,515,00 and retirement allowances and KRW 3,762,950, as shown in the list of crimes in the attached Table, as well as KRW 1,181,670 of D’s wage balance on June 20, 2016, which was employed from October 20 to September 20, 2016 at the above workplace and retired from the said workplace, within 14 days from the date on which the grounds for payment occurred, without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes to a detailed statement of unpaid benefits, average wages, and a written calculation of retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on Criminal Facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid at once of retirement);

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

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order reflects his mistake and appears to have not been paid wages, etc. under favorable circumstances, such as the fact that the accused reflects his mistake, and that the corporate management status is not good, the Defendant’s records of punishment for the same kind of crime are considered, and the same sentence as the order is determined by taking account of various sentencing conditions as shown in the argument of the instant case, including the fact that the Defendant has been punished several times of crimes.