Defendant shall be punished by a fine of KRW 2,500,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Punishment of the crime

The defendant is the actual representative of the Geumcheon-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd. and B107, and is the user who operates the restaurant business (one regular type) by using 30 full-time workers.

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

Nevertheless, the Defendant, who retired from office from November 1, 2014 to July 24, 2017, did not pay KRW 3,651,870 in total, including KRW 3,651,870 in the amount of money and valuables for three retired workers on June 2017, as shown in the list of crimes in the attached Form, including KRW 8,282,690, respectively, within 14 days from the date of each retirement.

2. An employer shall, when a worker dies or retires, pay the retirement allowance within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay the total amount of KRW 12,436,339 for three retired workers as well as KRW 5,426,212 of E retirement allowances retired on July 24, 2017 at the above workplace, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each written statement of G, H and E;

1. Application of Acts and subordinate statutes, such as average wages and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (not being paid of retirement allowances);

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

1. Selection of an 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. It is the same as the disposition in full view of the size of the company with reason for sentencing of Article 186(1) of the Criminal Procedure Act, the amount of unpaid wages and retirement allowances, the number of the employees concerned, etc.