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

The defendant is an actual operator of the C convenience store in Gwanak-gu in Seoul Special Metropolitan City, who runs retail business using four regular 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, while working in the foregoing workplace from August 12, 2018 to November 7, 2018, did not pay 2,183,750 won of D wages within 14 days from the date of retirement without extending the due date under an agreement between the parties.

Summary of Evidence

1. The Defendant’s partial statement witness D and E’s recommendation of investigation direction [the Defendant and his/her defense counsel are E as the Defendant’s employer for workers at C convenience stores (hereinafter “instant convenience stores”) and the employee D’s unpaid wages during the liquidation period are only KRW 8,60,000. The “employer” under the Labor Standards Act refers to a business owner, a person in charge of business management, or a person who acts on behalf of a business owner for matters relating to workers (Article 2(1)2 of the Labor Standards Act). Here, the term “person in charge of business management” refers to a person who takes general responsibility for business management and represents or represents external business with comprehensive delegation from a business owner for all or part of the business, and the Labor Standards Act does not limit the employer as a person in charge of duty to comply with each of the provisions of the same Act and extends the grounds for its extension to a person in charge of business operation, etc., to ensure the effectiveness of each of the provisions of the Labor Standards Act, so the employer does not necessarily exercise the actual authority over the payment of wages, etc.