Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On December 19, 2014, the Defendant was sentenced to three years of imprisonment for a term of fraud at the Seoul Eastern District Court for a term of two years, and the judgment was finalized on April 9, 2015. On July 13, 2016, the Defendant was sentenced to two years of suspension of execution on October 24, 2016, and the judgment became final and conclusive on December 24, 2016.

1. Where an employer in violation of the Labor Standards Act dies or retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date when the cause for such payment occurred. However, the Defendant did not pay KRW 8,00,000,000 as wages of July 15, 201 to November 30, 2014, wages of KRW 2,000,000 on August 2014, 200, wages of KRW 2,000,000 on October 10, 2014, wages of KRW 2,000,000 on November 2, 2014, and wages of KRW 8,000,000 on November 1, 2014 without an agreement on the extension of the payment date between the parties.

2. An employer in violation of the Guarantee of Workers' Retirement Benefits Act, when a worker retires, has paid retirement allowances within 14 days from the time when the cause for such payment occurred, but the Defendant, while working from May 15, 201 to November 30, 2014, did not pay KRW 7,017,910 of retirement allowances B, which was retired from office, within 14 days from the date when the cause for such payment occurred without agreement between the parties on extension of the due date.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of each police appellant against B;

1. Details of calculation of retirement allowances, details of wages paid, and transactions by passbook;

1. Application of Acts and subordinate statutes to each disposition not yet made, and a report on the result of confirmation;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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