Defendant shall be punished by a fine of KRW 3,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Punishment of the crime

1. The Defendant in violation of the Labor Standards Act did not pay KRW 41,937,960 from the date of retirement to 14 days from the date of retirement, without agreement on the extension of payment deadline, for the total amount of KRW 41,937,960 to 13 employees, including KRW 2,170,000, July 30, 2015, retired workers E, who worked in Gangnam-gu, Seoul, from August 13, 2014 to July 30, 2015.

2. The Defendant in violation of the Act on the Guarantee of Retirement Benefits for Workers in the above workplace did not pay the total amount of retirement allowances of the retired workers F, including KRW 4,045,970, who were employed from the workplace from February 3, 2014 to July 31, 2015, within 14 days from the date of the retirement without agreement on the extension of the payment deadline for the total amount of retirement allowances of the five employees in the attached crime list (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the respective laws and regulations of E, G, H, I, J, K, L, M, N,O, P, F, and Q, respectively;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (not being paid of retirement allowances);

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

1. Selection of an alternative fine for punishment;

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 Defendant in the facts charged did not pay KRW 1,323,00 of wages and retirement allowances of KRW 3,026,620 of workers retired from office from Gangnam-gu Seoul Metropolitan Government to June 30, 2015, within 14 days from the date of retirement without an agreement on the extension of the payment deadline.

2. The facts charged above are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and the main text of Articles 44(1) and 9 of the Act on the Guarantee of Workers’ Retirement Benefits. Article 109(2) of the Labor Standards Act, the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits is different from the victim’s explicit intent.