Defendant shall be punished by a fine of 1.5 million won.

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

Punishment of the crime

The defendant is a representative director of Mapo-gu Seoul Metropolitan Government 2nd floor C D, who has operated a construction business with nine full-time workers.

The Defendant did not pay wages of KRW 4,44,372 and retirement allowances of KRW 7,043,042 to E who retired from the said workplace from July 11, 2012 to February 1, 2016, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire into the payment specifications of E wages and retirement allowances, retirement allowance calculation statements, and transaction details;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

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

1. Selection of a elective fine (including delayed payment and fact that partial substitute payment has been made) of the penalty;

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 gist of the facts charged is that the Defendant is a representative director of Mapo-gu Seoul Metropolitan Government 2nd floor C D, who has run a construction business with nine full-time workers.

The Defendant did not pay wages and retirement allowances for three workers within 14 days from the date of retirement without agreement on the extension of payment date between the parties, as shown in the attached Table No. 1 to No. 33, as well as the payment of wage of F 5,161,560 and retirement allowances and retirement allowances of 4,389,744 to F retired from the said workplace from January 22, 2014 to March 11, 2016.

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 Workers’ Retirement Benefits Guarantee Act;

(b) Crimes of non-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

C. The victims filed the instant prosecution.