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 a user who is the representative of Mapo-gu Seoul Metropolitan Government C (State) D and has operated a cosmetic sales business with 16 full-time workers.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 4,151,642 to E who retired from the said workplace from office from March 28, 2015 to June 30, 2016, and did not pay KRW 9,542,985 in total for two workers, as shown in the attached money and valuables specification Nos. 1,542,985, respectively, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) did not pay KRW 2,172,960 to E retired from the said workplace from March 28, 2015 to June 30, 2016; and (b) did not pay KRW 4,893,280, total amount of retirement allowances for two workers, as shown in the attached Table No. 1,893,280, respectively, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of E and F;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Employment (which means the payment of wages), Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for Workers, and Selection of fines for each crime;

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 fact that the summary of the facts charged is in violation of the Act on the Standards of Workers’ Re-employment and the Act on Guarantee of Workers’ Retirement Benefits, and the Act on the Guarantee of Workers’ Retirement Benefits;

2. Determination and conclusion

(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act; Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers;

(b) A crime of non-compliance with labor: Article 109(2) of the Labor Standards Act, and Article 109(2) of the Workers’ Retirement Benefit Security Act.