Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

The defendant is a manager of E on the Incheon Gyeyang-gu D and the second floor, who employs ten full-time workers and is an employer for the wholesale and retail business (cosmetic).

When an employee retires, an employer shall pay the wages, compensations, retirement allowances, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

From August 31, 2015 to September 24, 2015, the Defendant paid KRW 3,041,000, total amount of six workers, as shown in attached Table 1 (B), as well as KRW 10,000, retired from the said workplace, during the period of August 2015, as well as KRW 10,000,00, which was employed in the said workplace, within 14 days from the date of retirement, which is the date on which the grounds for payment occurred, without agreement between the parties on the extension of the payment deadline.

From December 29, 2015 to January 5, 2016, the Defendant, “2016 High 2665,” without any agreement between the parties on the extension of the payment date, paid KRW 931,328 of the total wages of four workers, as shown in attached Table 2, including KRW 40,550 of the G that was employed in the said workplace and retired from the said workplace, within 14 days from the date of the occurrence of the payment cause.

Summary of Evidence

[2016 High Court Decision 2664]

1. Statement by the defendant in court;

1. "Written statements of H, I, J, K, L, and F (Evidence Nos. 13, 17, 24, 29 through 31 No. 2665);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of M, N,O, and G (Evidence Nos. 9 through 12)

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 109 (1) and 36 of the Labor Standards Act, and the choice of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged shall be E in Gyeyang-gu, Incheon. D and E in the second floor.