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

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

Punishment of the crime

The Defendant is an employer who ordinarily employs 15 full-time workers under the trade name of “F” on the first floor of the Dobong-gu Seoul Metropolitan Government E building.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and where the worker retires, the employer shall pay the worker a retirement allowance within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant had worked from December 27, 2012 to March 5, 2015 at the same place of business, and had not paid KRW 6,112,570, and retirement allowance of KRW 9,030,350 within 14 days from each of the above retirement days, and had not paid KRW 20,425,094 in total and KRW 11,223,570 in total and retirement allowance of KRW 14 days from each of the above retirement days, as described in the [Attachment] Nos. 1 to 4 of the list of crimes in the attached Table.

As a result, the Defendant did not pay wages and retirement allowances within 14 days from the retirement of the employee.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect prepared by a special judicial police officer against the defendant;

1. A statement made by each special judicial police officer against G, H, I, and J;

1. A statement of average wages and retirement allowances (G);

1. Application of each relevant statute;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts and Subordinate Statutes concerning facts constituting an offense, Articles 109 (1) and 36 of the Act on the Standards for Selective Labor, Article 44 subparagraph 1, Article 9 of the Guarantee for Retirement Benefits of Workers, and Selection of respective fines;

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 part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The Defendant, among the facts charged in the instant case, runs a place of business indicated in the judgment of the lower court that violated the Labor Standards Act for Workers C and D.