Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The defendant is the representative director of the management company in the C commercial building D, who runs the construction business.

Defendant did not pay 45 million won (wages 2,500,000 per month) and retirement allowance of 13,353,929 won within 14 days from the date of retirement without agreement on the extension of payment period between the parties concerned, for the period from December 5, 2009 to May 31, 2017, including the total amount of wages for 18 months from December 2015 to May 2017, as well as retirement allowance of 13,53,929.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A statement of petition, details of transactions, and statement of transactions by account;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act (the fact that the liquidation of gold is not possible) for criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that the payment of gold is not made);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 50 (Inter-sections of Violation of the respective Labor Standards Act with respect to F and Violation of the Guarantee of Retirement Benefits for Workers);

1. Selection of a selective fine for punishment (such as confession, reflection, the absence of any record of punishment for the same kind of crime, and the fact that it appears that unpaid wages, etc. for the futureF will be paid);

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, in the facts charged, is the representative director of the management company E in the C commercial building D, who runs the construction business.

The Defendant did not pay KRW 2,220,00 of wages and retirement allowance of KRW 12,11,138 of August 201, 201 as well as retirement allowance of KRW 2,220,00 from February 1, 201 to August 31, 2017 at the said place of business, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

2. Determination

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

(b) A crime of non-violation of will: Article 109(2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.