Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant was decided on November 2, 2012 by the Seoul Central District Court to commence rehabilitation procedures for the F Co., Ltd. in Pyeongtaek-si E, and the defendant became the administrator of the above company in its decision.

A representative is an employer who employs 300 full-time workers.

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

Nevertheless, the Defendant, at the above workplace from September 14, 201 to November 2, 2012, did not pay KRW 98,951,389 in total for 41 retired workers within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date, as shown in the attached Table of Crimes (1), including KRW 2,016,410, G wage of retired workers, as well as KRW 2,016,410.

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

Nevertheless, the Defendant, at the above workplace from September 14, 201 to November 2, 2012, did not pay 145,764,680 won in total to 28 retired workers, as shown in the list of crimes (2) of the attached Table, as well as 2,372,200 won in G retirement pay of retired workers, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to H, I, and J;

1. Each written appeal and each written statement of the petitioner;

1. Investigation report (specific details, such as unpaid wages);

1. Business registration certificate;

1. Application of Acts and subordinate statutes concerning overdue wages and retirement allowances;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (not being paid as retirement allowances), respectively;