Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

[2017 Highest 3255] Defendant is an individual entrepreneur who resides in Sung-nam City C and Do floor and who runs a construction business with two full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay two workers, including the sum of KRW 4,490,000,000, total of wages of KRW 1960,000,000,000, paid for the same period at the same place as that of KRW 1,890,000,000 in February 2014, where the Defendant had worked at the construction site E located in Geumcheon-gu, Seoul Special Metropolitan City, where the Defendant had been in charge of construction, and from February 7, 2014 to March 26, 2014; and KRW 2,530,00,000,000 in total, including the wage of KRW 2,539,00 in March 2, 2014, without agreement on the extension of the payment date between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Article 109 (1) and Article 36 of the Act on the Standards of Employment and Selection of Punishment for Criminal Facts, and Articles 109 (1) and 36 of the same 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the defendant was punished several times for the same criminal records, the defendant's liability for the failure to pay wages to his/her workers is somewhat weak, but the defendant is against his/her obligation, the amount of wages not paid and circumstances leading up to the sentencing shall be determined as ordered by taking into account all the factors such as the sentencing conditions.

Rejection of Public Prosecution

1. If an employer retires, the employer shall pay wages, compensations, and any other money or valuables within 14 days after the ground for such payment occurred;

Nevertheless, the defendant is an employer who is an individual constructor, and from May 2, 2016 to May 2, 2016.