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

The defendant is the representative of the D Company in Geumcheon-gu Seoul Metropolitan Government and is an employer who runs the manufacturing industry of creative production by employing 11 full-time workers.

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

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

그럼에도 불구하고, 피고인은 2014. 5. 2.부터 2014. 5. 10.까지 천안시 서북구 E아파트 신축공사 현장에서 샷시 설치업무를 한 F의 2014. 5. 임금 560,000원을 비롯하여 퇴직근로자 12명에 대한 별지 범죄일람표 내역과 같이 임금 합계 8,280,000원을 당사자 간 지급기일 연장에 관한 합의 없이 퇴직일로부터 14일 이내에 각 지급하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes to the statement made by each police petitioner against F and G;

1. Relevant Article 109 (1) and main text of Article 36 of the Labor Standards Act concerning criminal facts and the choice of punishment;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the accused has been punished several times for the same crime; (b) the accused appears to be against all the criminal acts; (c) the accused stated that he/she would be fully paid wages to his/her workers until October 2015, by asserting that he/she was unable to pay wages to his/her workers because of the lack of the payment of the construction cost; (d) the accused has no record of criminal punishment exceeding the fine; (c) the number of unpaid workers and the amount of unpaid wages, including the Defendant’s age, character and conduct.