Text
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant, as an individual constructor, is an employer who runs a construction business with four full-time workers at the site of the construction work of a offshore plant in the Nam-gun, South and North Korea without a certain trade name.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay the total amount of KRW 6,920,000 in arrears with four retired workers, as well as KRW 1,660,00,00, retired from the service of electricity from the above construction site from December 19, 2016 to January 10, 2017, within 14 days from the date of retirement, which is the date of the occurrence of the payment cause, without agreement between the parties to the extension of the payment date.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by special judicial police officers with regard to D;
1. Written petition of D;
1. Each written statement D or E (including attached data);
1. Complaint;
1. Application of Acts and subordinate statutes to the true annual register, the detailed statement of personal arrears, bankbooks, the actual state of exit and wages at the south Sea, wages account and personal information list at the south Sea, south Korean War, and the Appellate Year's Register;
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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;