Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

On October 2, 2015, the Defendant was sentenced to a suspended sentence of two years for a violation of the Labor Standards Act at the District Court on June 2, 2015, which became final and conclusive on the 13th of the same month.

The defendant, as the representative director of the FF corporation in E at his own Government, is an employer who employs ten full-time workers and operates a construction business.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

The Defendant did not pay two workers’ wages, including KRW 3,113,60 in December 7, 2014, and KRW 1,325,050 in January 2015, KRW 896,050 in February 17, 2015, and KRW 1,093,860 in June 31, 2015, and KRW 3,50 in July 2015, and KRW 9,928,620 in June 3, 2015, as well as KRW 1,093,860 in June 17, 2014 and July 3, 2015, within 14 days from the date of retirement without agreement between the parties to the contract on extension.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

The Defendant did not pay KRW 10,162,676 of G retirement allowances from February 7, 2011 to February 8, 2015 at the same place of business within 14 days without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in G (second and second written statement);

1. Each statement of G and H;

1. Details of H's failure to pay, details of passbook transactions, average wages, and calculation statement of retirement allowances;

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of written judgments), and the application of statutes of the 2015 Highest corresponding thereto, 2302, 3382 (Consolidated rulings), and the application of statutes of the 2015 Highest corresponding thereto and 3382;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Commercial concurrence;