A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

The defendant is a business owner who employs one worker at all times without a separate office as the representative of C who has a business registration address in Busan-gu B and operates a transportation business without a separate office.

When a worker retires, the employer shall pay the wages, compensations, 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.

Nevertheless, the Defendant, who was employed as a cargo driver on October 28, 2019 in the foregoing workplace, did not pay the amount of KRW 1,800,000 in December 28, 2019, which was retired on December 28, 2019, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Application of Acts and subordinate statutes of the police employment contract to the defendant's written statement concerning D's partial statement;

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. The defendant and defense counsel's assertion on the claim of the defendant and defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order claim that the defendant must deduct the defendant's total amount of KRW 1,630,958 (the administrative fine of KRW 80,000 due to the violation of speed limit D, KRW 50,000, the amount of damages paid to the damaged vehicle due to the occurrence of D, KRW 606,958, the amount of the repair cost of the defendant's vehicle, KRW 124,00,000, the amount of the repair cost of the vehicle due to the accident, and KRW 320,000,000, which was paid by the defendant due to the error on the engine sewage day) and KRW 50,000,000, which was paid to D due to the defendant's payment to D.

However, Article 42 (1) of the Labor Standards Act provides that "wages shall be paid in full directly to workers in currency," thereby declaring the so-called principle of full payment of wages.