Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

On June 21, 2019, the Defendant was sentenced to imprisonment with prison labor for a violation of the Labor Standards Act, etc. in the Suwon District Court’s Ansan Branch on June 21, 2019, and the judgment became final and conclusive on August 30, 2019.

The Defendant is an employer who operates a manufacturing business using eight full-time workers under the trade name of “stock company C” in Si-Y.

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

Nevertheless, the Defendant did not pay D’s wages of KRW 10,200,00 and retirement allowances of KRW 41,125,000, which were worked from June 11, 2005 to February 28, 2019 at the above workplace, and did not pay KRW 32,926,00 in total, and KRW 47,327,747 in total, as stated in Nos. 1,2,5, and 6 of the crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statements of witnesses E in the second protocol of the trial;

1. Each written petition;

1. A written statement, the details of receipt, and the details of benefits passbook; and

1. Previous convictions: One copy of judgment and the application of Acts and subordinate statutes concerning the progress of cases;

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

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

1. Selection of a selective fine: It is deemed that the unpaid amount is not certain, but that the unpaid amount of wages and retirement allowances have been fully repaid by the employees after instituting the prosecution. Two workers do not want the punishment of the Defendant, but four workers still want to be punished. The equity between the case where a judgment is rendered simultaneously with the violation of the Labor Standards Act, etc.

1. The latter part of Article 37 of the Criminal Procedure Act and Article 39(1) of the same Act shall apply to concurrent crimes.

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.