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

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

Punishment of the crime

[2015 Highest 1943] The Defendant is an employer who operates a construction enterprise using 30 full-time workers under the trade name of “(ju)L” in Gangnam-gu Seoul Metropolitan Government K.

On November 26, 2002, the defendant has been employed for the above L on November 26, 2002.

On April 24, 2014, without any agreement on extension of the payment date with a retired employee M, the said M did not pay KRW 10,929,390 and retirement allowances of KRW 25,624,613 within 14 days from the date of retirement of the said M.

In addition, the Defendant did not pay KRW 29,045,648 in total and KRW 32,054,533 in total, including three workers’ wages, and two employees’ retirement allowances within 14 days from the date of retirement of each worker, as described in the No. 1,2,7, and8 of the annexed crime list No. 1,2,7, and8.

Accordingly, the defendant did not pay wages and retirement allowances within 14 days from the date of worker's retirement.

Summary of Evidence

[2015 Highest 1943]

1. Defendant's legal statement;

1. Each police statement made to N, M, orO;

1. A P statement;

1. Application of Acts and subordinate statutes to each average wage and retirement allowance calculation statement and unpaid statement;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Selection of each alternative fine for punishment (not less than 23 million won has been paid toM, but all unpaid benefits, etc. have been paid to the remaining workers, etc.);

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

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Summary of the facts charged

A. The Defendant at 2015 Godan45 is an employer who runs artificial fishery business using 15 regular employees, a representative director in the second floor of KK in Gangnam-gu Seoul Metropolitan Government.

When a worker retires, the employer shall do so.