Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The defendant is the representative of Seocho-gu Seoul Metropolitan Government C Co., Ltd. in Seocho-gu and 201 and is an employer who runs a construction business using ten on-site workers.

When an employee retires, an employer shall pay him/her wages within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay 10,225,510 won for total wages of three on-site workers within 14 days from the date of retirement, as indicated in the attached Table, including KRW 1,455,510, and KRW 3,800,000 for daily wages of August 2, 2014, which were worked as daily workers at the planting site from August 2, 2014 to September 30, 2014 as well as KRW 1,45,510 for total wages of three on-site workers, as indicated in the attached Table, without any agreement between the parties on the extension of the payment date of money and valuables.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each of the relevant Acts and subordinate statutes;

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

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 sentencing of Article 334(1) of the Criminal Procedure Act provides for the punishment as ordered by a summary order after reducing the amount of fine specified in the summary order, taking into account the following: (a) the Defendant’s mistake is recognized and is in profoundly against his nature; (b) there is no criminal history prior to the instant case; and (c) a substantial damage from substitute payment appears to have been recovered through the substitute payment.