Text
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is a personal constructor who resides in Incheon Gyeyang-gu building B or C and runs a construction business using a non-regular name of workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and 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 had worked from March 21, 2017 to April 8, 2017 at the above workplace and had retired workers D's wages of KRW 1,995,00 in March 2017 and did not pay 14,025,000 in total for five workers within 14 days from each retirement date without agreement on the extension of the due date between the parties, as shown in the attached crime list.
Summary of Evidence
1. Defendant's legal statement;
1. A E-document;
1. Application of Acts and subordinate statutes on a copy of the police statement concerning D;
1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); and the selection of fines for criminal facts
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act is not subject to the defendant's liability for the crime of this case because the defendant is exempted from the obligation to pay wages to workers employed in his workplace.
Until now, wages in arrears have not been paid to the victimized workers and there has not been agreement with the victimized workers.
There are few kinds of wages in arrears.
The defendant has been punished several times for the same crime.
However, the defendant shows the attitude to recognize and reflect the crime of this case.
The health status of defendants is not good.
In the above circumstances.