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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Criminal facts

Some of the facts charged were corrected.

The defendant, as the representative of C in Busan-gu, is an employer who ordinarily employs 15 workers and operates an entertainment shop business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 3,948,380 to two retired workers within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, as stated in the details of money in arrears in the attached Form, as well as KRW 1.8 million on June 2016, 2016, retired from the said workplace as the labor from April 4, 2016 to July 6, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. The application of the details of transactions in each passbook (13th, 16th, of investigation records), the sub-lease contract (31th, of investigation records), the lease contract (36th, of investigation records), the business registration certificate (42th, of investigation records), and the business license certificate (43th, of investigation records) Acts and subordinate statutes;

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;