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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant is a user who runs the wholesale and retail business of electronic commerce by using 25 full-time workers of Nam-gu B and C [D before May 15, 2016] located on the fourth floor of Incheon, Nam-gu B, and 25.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant worked from March 23, 2016 to July 31, 2016 at the above workplace and retired E's wages of 1,183,800 won in May 2016 and did not pay the total of 56,076,340 won in arrears within 14 days from the date of retirement without an agreement between the parties on the extension of payment due date.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred; and

Nevertheless, the defendant employed from August 6, 2014 to April 1, 2016 at the above workplace and did not pay 9,349,080 won in total, including 2,618,580 won in retirement pay of FF retired from the workplace and 2,618,580 won in addition to individual arrears, within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A true G statement;

1. Application of Acts and subordinate statutes on details of overdue wages;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, as well as subparagraphs 1 and 9 of Article 44 of the Guarantee of Retirement Benefits for each worker;

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

1. Selection of each alternative fine for punishment;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.