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

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

Punishment of the crime

The Defendant is an operator of a mutual beauty art service provider of Gangnam-gu Seoul Metropolitan Government and the fourth floor, who has operated the above company with 46 full-time workers.

1. The Defendant in violation of the Labor Standards Act did not pay 23,583,594 won, including 244,057 won in October 2013, and 735,080 won in November 2013 and 23,583,594 won in total for 10 workers, as stated in the separate crime list, from August 5, 2013 to January 3, 2014, respectively, within 14 days from the date of retirement without agreement on extension of the due date between the parties.

2. The Defendant violating the Guarantee of Workers’ Retirement Benefits Act is working in the above workplace from December 4, 2012 to January 3, 2014.

As set out in the [Attachment] List 3,4,665,630 won for retired workers, as well as 2,865,630 won for retirement allowances of retired workers, the total amount of 10,216,230 won for six workers was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Legal statement of witness E;

1. Details of the petition for complaint, letter of delegation for complaint, list of complainants, and account;

1. Application of Acts and subordinate statutes on October 3, 2013 to the number of employees, the number of LIT;

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

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

1. Selection of each alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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