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

The Defendant, as the representative of Yeongdeungpo-gu Seoul Metropolitan Government Corporation D, is a user who runs software development business using three full-time workers.

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

Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from July 2, 2012 to August 31, 2017 at the above workplace.

The retired E’s wages of 38,323,285 won in total and 30,839,978 won in total, including 519,757 won in September 2015, were not paid within 14 days from each retirement date without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each simple statement of E, F and G;

1. Each written petition of E, F, and G preparation;

1. Orders for correction of violations of the Labor Relations Act;

1. Application of Acts and subordinate statutes on delayed payment of wages;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense, and the main sentence of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades in violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits);

1. Selection of an alternative fine for 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the total amount of unpaid wages and retirement allowances paid by the defendant is not less than 68 million won, and that there seems to be a considerable number of suffering of workers, and that there is no criminal liability for the unpaid wages and retirement allowances, and that workers are receiving a normal wage and live their livelihood.