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

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

Punishment of the crime

The defendant, as the representative director of F Co., Ltd., E at his own time, is an employer who runs the clothing manufacturing business using 30 full-time workers.

1. If a worker dies or retires, the employer who violates the Labor Standards Act related to overdue payment of wages, or the retirement benefit security of the worker, shall pay the worker wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant, from May 23, 2005 to April 8, 2015, did not pay KRW 24,841,864, a sum of KRW 24,864, as well as KRW 8,126,362, and annual leave allowances, KRW 1,626,40, and retirement allowances, KRW 15,089,102, and KRW 24,841,864, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

2. An employer who violates the Labor Standards and Laws due to non-working hours during a recess shall grant not less than 30 minutes if the working hours are four hours, or a recess not less than one hour if the working hours are eight hours;

Nevertheless, even if the defendant orders G to work 10 hours a day, he did not inform G of the working hours of more than one hour.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the statutes on labor contracts and details of transactions of paying wages;

1. Articles 109(1), 36 (a) and 110 subparag. 1, and 54(1) (a) of the Labor Standards Act for the relevant Act on Criminal facts, as to the payment of wages to workers, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits (a point of absence of payment for retirement);

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, which led to each of the crimes in this case, and the age, age, and sex of the defendant.