Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

The defendant is a E representative director, a company located in No. 108 of the D building 108, who runs a construction business with ten full-time workers.

The Defendant did not pay the F’s wages of KRW 12,50,000 and G’s wages of KRW 3,745,000 that were retired while working from the said workplace from January 5, 2010 to May 22, 2010, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties on the extension of the due date for the payment of money and valuables.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H;

1. The police statement of the defendant (including the part concerning H, F, I, and J's statement);

1. Each written petition;

1. Application of Acts and subordinate statutes to investigation reports (verification of suspect-related civil procedures' results);

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to the relevant criminal facts and Articles 109 (1) and 36 of the same Act;

1. former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with the punishment stipulated in the violation of the Labor Standards Act against the victim F with heavier penalty);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the part dismissing the prosecution of the instant case against the victim C in violation of the Labor Standards Act among the facts charged, the gist of the violation of the Labor Standards Act against the victim C is that: (a) the total of the wages of C retired from work from January 5, 2010 to May 22, 2010 did not pay 6,565,000 won within 14 days from the date of the occurrence of the cause for payment, without agreement between the parties on the extension

The above crime cannot be prosecuted against the express will of the victim under Article 109(2) of the Labor Standards Act. According to the C’s agreement submitted on April 14, 2015, which was submitted on April 14, 2015, C withdraws his/her wish to punish the defendant on April 11, 2015, after the instant indictment was instituted, so this part of the prosecution is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.