Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

The defendant is the representative of C in the window B of Changwon-si, who is engaged in concrete construction business with three full-time workers.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant in the above workplace from March 8, 2018 to the same year.

3. In March 2018, a retired worker D’s wages of KRW 840,00 on March 2018 was not paid within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without an agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Relevant legal provisions and Articles 109(1) and 36 of the former Labor Standards Act concerning criminal facts (amended by Act No. 15108, Nov. 28, 2017)

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

1. In light of the legislative purpose and purport of the Labor Standards Act that imposes a duty to liquidate money and valuables on a retired worker, etc. on an employer on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act and criminal punishment in a case where the offense is committed, the failure of the Defendant to pay wages to the retired worker on the ground of the occupational error of the retired worker is not an exceptional case.

However, the defendant is against the wrongness.

It seems that an insolvent financial institution has been in arrears with wages due to its poor financial standing, and there seems to be no circumstances to criticize Defendant, such as embezzlement or gross business malpractice.

The overdue wage is a relatively small amount.

Since the conciliation has been established by the withdrawal of both lawsuits in civil procedure with the workers at sea, the civil obligation is de facto extinguished.