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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant is the representative of the Ulsan-gu Seoul Metropolitan Government “C” and is an employer who runs the steel structure manufacturing business using 15 full-time workers.

From March 27, 2004 to February 10, 2012, the Defendant did not pay the retirement allowance of KRW 20,135,420 and annual allowance of KRW 6,420,00 to D retired after having worked in the said workplace from March 27, 2004, within 14 days from the date of each retirement without agreement between the parties to the extension of the due date, and did not pay KRW 47,207,180, in total, the retirement allowance and annual allowance to be paid to four workers retired while working in the said workplace as stated in the attached Form “the details of individual arrears”, without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning D, E, F, and G;

1. Details of the calculation of each retirement allowance and the details of daily employment;

1. Application of Acts and subordinate statutes concerning details of personal arrears;

1. The violation of the Labor Standards Act even when the facts constituting an offense are charged with the violation of Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (not being paid retirement allowances). However, with respect to unpaid retirement allowances under Article 34 of the Labor Standards Act, the Guarantee of Workers' Retirement Benefits Act preferentially applies to the unpaid retirement allowances. The Defendant recognized all the facts charged in the instant case, and the statutory punishment under the Act on the Guarantee of Workers' Retirement Benefits concerning unpaid Retirement Benefits and the Labor Standards Act on the Non-Liquidation of Money and Valuables are identical to each other, and thus, the Guarantee of Workers' Retirement Benefits Act shall apply without any changes in the indictment, as it does not substantially disadvantage the defendant's exercise of his right to defense

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.