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

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

Criminal facts

The Defendant is a manufacturer chain C Co., Ltd. (hereinafter referred to as “C”), who actually operates C with D as a representative director, while working as a business and field manager at C, and E is a person who has worked as a factory site at C.

No person shall submit a false report, certification, or document to receive a substitute payment, or to allow another person to receive a substitute payment.

The Defendant and E were in the crisis of the dishonor, and around December 2014, the Defendant and E were delegated with all the management of the company's assets from D, payment of wages to workers, etc. However, C was eventually closed on March 16, 2015.

Since then, the Defendant and E did not pay retirement allowances only to the employees of the actual C, but did not receive the unpaid wages, but they did not know of these circumstances. As such, the Defendant and E did not receive the substitute payment corresponding to the delayed payment amount as the wages of the last 1-3 months for the employees were not paid.

Accordingly, on May 4, 2015, the Defendant received an application for recognition of the fact of bankruptcy, etc. in the name of the Defendant from the Busan District Labor Agency F, which is located in Yangsan-si, Busan District Labor Office 58, Seosan-si, and submitted a false accusation against D, and E submitted a false statement to the effect that, around May 28, 2015, at the above Busan District Labor Agency G branch office and G office of the Busan District Labor Agency, the working supervisor H of the total number of 19 workers including the Defendant and E, the wages in January 2015, the wages in February 2015, and the amount of wages in February 5, 2015, the Defendant shall make a false statement to the above Busan District Labor Agency that he/she had the employees under his/her jurisdiction receive retirement allowances as well as retirement allowances and the amount of wages in arrears, and shall receive the said application through the above certified labor office on June 29, 2015.