Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

The defendant is the representative of Da located in Sipopo-si and is an employer who runs a construction business using five full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.

Nevertheless, the Defendant, employed by the Defendant, and worked from Jun. 19, 2015 to Aug. 24, 2015 for the development of a housing site for electric power resource in Pyeongtaek-gun E-gun at the work site of Gyeonggi-gu, and worked for the period from Jun. 19, 2015, did not pay KRW 12,375,000 in total of two workers’ wages, including KRW 2,700,000 in August 2015, and KRW 2,850,00 in July 2015, and KRW 14 days in July 2015, even though there was no agreement between the parties on the extension of the payment date, the Defendant did not pay KRW 12,375,00 in total within 14 days from the date of retirement.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H;

1. Confirmation of facts, such as a complaint, each telephone, and submission of data (proof of deposit transactions);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. As to the issue of the main text of Article 186(1) of the Criminal Procedure Act, the defendant and his/her defense counsel asserts that there is no obligation for the defendant to pay wages to the above workers since the defendant did not have employed workers F and G.

On the other hand, the following circumstances, which are acknowledged by this Court, comprehensively taking account of the evidence duly adopted and examined by this Court, i.e., workers F, from an investigative agency to this Court, “A daily allowance is between the Defendant and the Defendant.”