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

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

Criminal facts

The defendant is the representative of C in the 10th floor of Songpa-gu Seoul Metropolitan Government building B, who runs a restaurant business with 30 full-time workers.

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

Nevertheless, the defendant works in the above workplace from December 20, 2017 to February 26, 2018.

On February 2018, 2018, wages of 3,610,000 won were not paid within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol prepared by special judicial police officers against the accused;

1. Application of Acts and subordinate statutes to the statement prepared by a special judicial police officer against D;

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. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (Article 334(1) of the Criminal Procedure Act provides that “A defendant submitted a “written application for non-compliance with punishment” as of April 9, 2019 during the trial of the instant case, and the written application for punishment states, “A person shall pay 3.6.1 million won for each month’s unpaid wage every 15.1 million won and 6.1 million won in the last month’s last month, but if the above details are not fulfilled, the above written application for punishment shall be null and void and void.” In order to recognize that the victim expressed his/her wish not to punish or withdraws his/her wish to punish in the crime of non-compliance with the intention of the victim in a clear and reliable manner (see, e.g., Supreme Court Decision 2012Do3166, Sept. 13, 2012).”