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

The defendant is an individual constructor who resides in B apartment house 103 dong 402 at Namyang-si, and runs a construction business by employing more than 20 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 4,465,00,000, total of D’s wages of 4,085,000 in January 2, 2018 and wages of 380,000,000 in February 2018, at the site of construction of new facilities for the elderly and children of Southyang-si from January 2, 2018 to February 2, 2018, within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint, a petition, a written statement, a record of the number of working days, and a statement made by the police with respect to D;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 109(1) and 36 of the pertinent Act and the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, and the fact that the defendant recognized the criminal facts of this case and reflected his mistake is recognized as favorable circumstances to the defendant.

However, in light of the content and method of the crime, the legislative intent of the Labor Standards Act, etc., the crime of this case where the employee was not paid wages of the employee who is to be paid the most preferentially, is not less than the nature of the crime, it seems that the employee was not paid wages to the present day, and there was a record of having been punished several times due to the same and similar crimes, the balance of the general criminal punishment in the same and similar cases, and the age, sex, intelligence and environment of the defendant, and the motive and background of the crime of this case as shown in the argument of this case