Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the representative of C located in B at Jeju and is an employer who runs a construction business using three full-time workers.
When a worker retires, the employer shall pay the wages, retirement allowances, and other money or valuables within fourteen days after the cause for such payment occurred.
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the total amount of KRW 9,50,000 working from July 1, 2017 to September 23, 2017 as shown in the attached Form 1 No. 1, as shown in the year of delayed payment of wages (Provided, That “D” is corrected to “E”), to the construction site of the F Hotel at the site of the new construction site of the F Hotel, within 14 days from the date of retirement without having agreed to extend the payment period between the parties.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement and a written petition of E;
1. Application of Acts and subordinate statutes governing confirmation of telephone and other facts;
1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, and the choice of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act
1. The summary of the facts charged is that the Defendant is the representative of C located in B at Jeju, who runs a construction business with three full-time workers.
When a worker retires, the employer shall pay the wages, retirement allowances, and other money or valuables within fourteen days after the cause for such payment occurred.
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the total of KRW 12,90,000 to G and H’s wages at the construction site of F Hotel at Jeju-si, such as the attached No. 2 and No. 3, within 14 days from the date of retirement without having agreed on the extension of the due date between the parties.