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

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

Punishment of the crime

The Defendant is an employer who employs 12 full-time workers as the representatives of Changwon-si C in Sungwon-si and is engaged in painting business. The Defendant, from November 20, 201 to November 12, 2016, worked at the above workplace and did not pay 3,00,000 won of the wages of 8 workers within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned, as shown in the list of crimes in the attached Table, including that the Defendant did not pay 63,40,259 won for the total amount of wages and retirement allowances of 63,40,259 won for 8 workers within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E, F, G, and H;

1. Application of statutes to the details of transfer to each account, detailed statement of each salary, average wages, and written calculation of retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act for Criminal Facts (a violation of the duty to liquidate money or goods), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of the duty to liquidate money or goods);

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

1. Selection of each 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that there are several workers who delayed payment of wages and retirement allowances, and the amount reaches approximately KRW 63 million. Thus, the issue is not easy.

There have been a history of being punished four times for the same crime.

However, the defendant reflects his fault in depth.

As the management situation has deteriorated due to the overall depression of the shipbuilding industry, it seems that the wages, etc. have been in arrears. In that process, there seems to be no circumstance to criticize the Defendant, such as the illegal act such as embezzlement or gross managerial fault, etc.

Then, 21 million won is the substitute payment to 7 workers suffering from Roman damage.