A defendant shall be punished by a fine of 500,000 won.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

The defendant is a representative of Pyeongtaek-si C building and D (ju) with the third floor, who runs a construction business with ten regular 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.

Nevertheless, the defendant works in the above workplace.

A retired worker B’s total of KRW 800,000 on April 2017 and KRW 4,000,000 on May 2017, 2017 did not pay KRW 3,200,000 within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. B’s petition;

1. Application of the Acts and subordinate statutes on the settlement of accrued labor costs to B and E;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same 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 62(1) of the Criminal Act include: (a) the fact that the defendant recognized his mistake and reflects the sentencing; (b) the fact that the injury equivalent to the unpaid wages to workers B was recovered in the form of a substitute payment; and (c) the defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) the various sentencing conditions under Article 51 of the Criminal Act, which are shown in the records of this case

Public Prosecution Rejection Parts

1. The Defendant is an employer who runs a construction business with ten regular workers, who are the head of Pyeongtaek-si building and D (main) representative in the third floor.

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.

Nevertheless, the defendant works in the above workplace.

Workers, as shown in attached Table 1 and 2, including wage of 3,00,000,000 of retired workers F, as well as wage of 3,00,000.