Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

The defendant is an employer who employs five regular workers in Chuncheon City C and operates D, which is a food company.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred, but the Defendant is working from February 2, 2014 to March 6, 2014 at the same workplace.

A retired worker E’s wage of KRW 1,730,00 in February 2014, and KRW 2,330,000 in March 2014, including wage of KRW 600,00 in total, and labor from December 23, 2013 to March 3, 2014.

In the absence of an agreement between the parties on the extension of the due date of payment, the retired worker F's total amount of KRW 2,750,000,000, such as wage of KRW 420,000 in March 2014, was not paid within 14 days from the date of retirement, which is the date of termination

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A petition for E/F preparation;

1. The Defendant and the defense counsel regarding the assertion of E and F written statements were found to have agreed on F to bear the additional cost of replacement personnel when the Defendant was absent from work on a daily basis in excess of 80,000 won. From March 4, 2014, F made an oral agreement with the Defendant to bear the additional cost of replacement personnel.

3. Until October, 2010, the Defendant and F agreed on March 10, 2014, a discharge date, to deduct the additional cost of replacement (7.90,000 won) from the Defendant’s wage of KRW 420,000,00,000, which is the date of the Defendant’s discharge. Thus, the Defendant asserts that there is no wage that the Defendant would pay to F.

The purpose of Article 42(1) of the Labor Standards Act, which declares the so-called principle of total wage payment, by stipulating that “wages shall be paid in full directly to workers in currency,” is to prevent an employer from unilaterally deducting wages, thereby promoting protection so as not to threaten the economic life of workers by allowing workers to be paid the full amount of wages.