Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

The defendant is the actual manager of the C Hospital B located in Namyang-si, who runs the hospital business with 20 full-time workers.

When a worker dies or retires, the employer shall pay all money and valuables, such as wages, within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 26,40,000 within 14 days from the date of retirement without agreement between the parties on the extension of the due date for payment of money and valuables at the said workplace, without any agreement between the parties on the extension of the due date for payment of money and valuables.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into a petition, a report made by police preparation against D, and an employment insurance history;

1. Inquiries about residents, crime and investigation experience, and the application of reporting Acts and subordinate statutes as a result of checking the disposition unregistered telephone;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, and the fact that the defendant recognized the criminal facts of this case and reflected his mistake is recognized as favorable circumstances to the defendant.

However, in light of the content and method of the crime, the legislative intent of the Labor Standards Act, etc., the crime of this case where the defendant did not pay the wages of the worker who is to be paid the most preferentially is not less than the nature of the crime, the amount of unpaid wages is relatively large, and there seems to have been punished for the same kind of crime up to the present day, the amount of punishment for the same crime has the record of being paid to the worker, the balance of general punishment in the same and similar cases, and other circumstances of the defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the crime of this case, the circumstances after the crime, criminal records, family relations, and economic circumstances.