Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The defendant is the representative of corporation D in Seo-gu Incheon, which is a user who operates the glar manufacturing business using six full-time workers.

The Defendant had worked from May 6, 2013 to March 7, 2014 at the same place of business, and retired E did not pay wages of 3.5 million won per month from July 2013 to December 201 of the same year, without any agreement between the parties on the extension of the due date for payment, within 14 days from the date of retirement, which is the date of the occurrence of the relevant cause for payment.

Summary of Evidence

1. The defendant's partial statement in the fourth protocol of trial;

1. Partial statement of witness F in the third protocol of the trial;

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes on corrective instruction concerning violations of labor relations Acts;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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

1. The summary of the claim for judgment on the issue of Article 186(1) of the Criminal Procedure Act that the Defendant did not pay KRW 21 million to E as stated in the facts constituting the crime in the judgment, but the actual employer of D Co., Ltd. is F, and even if the Defendant is a family employer, E cannot be deemed a director of the above company, and therefore, the facts charged cannot be acknowledged.

Judgment

As to the assertion that the defendant is not an employer, the subject of Articles 109(1) and 36 of the Labor Standards Act is an employer. Article 2(1)2 of the same Act provides that the term "employer" means a business owner, a person in charge of business management, or any other person who acts on behalf of a business owner with respect to matters relating to workers. Here, a person in charge of business management is a person in charge of general business management and is delegated by the business owner with the comprehensive delegation of all or part of the business management.