Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The defendant is the employer as the representative director of the C.C.

From March 2, 2017 to August 9, 2017, the Defendant did not pay KRW 4,838,421 of the wages of retired workers D within 14 days from the date of his/her retirement without agreement on the extension of the payment deadline with the above worker, while performing his/her work at a construction site that had been in progress at the time of the Special Self-Governing Province of Sejong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Written petition of D;

1. Application of Acts and subordinate statutes to verify facts, such as a detailed statement for calculation of unpaid amount and telephone;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The summary of the facts charged against the part dismissing the prosecution under Article 334(1) of the Criminal Procedure Act is the employer as the representative director of the C.

From August 8, 2016 to August 9, 2017, the Defendant did not pay KRW 5,376,343 of the wages and retirement allowances of retired workers as well as KRW 4,098,421 of the said workers within 14 days from the date of his/her retirement without any agreement on the extension of the payment period with the said worker.

The crime of violating the Labor Standards Act due to the failure to pay wages is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and a crime of violation of Article 109(2) of the same Act of guaranteeing the retirement benefits of workers due to the failure to pay wages shall not be prosecuted against each victim’s express intent under the proviso to Article 44 of the Act on the Guarantee of Retirement Benefits of Workers.

According to the public trial records, workers B may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on November 29, 2017, which is after the institution of public prosecution. Thus, each part of the public prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.