A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is the actual owner of D Co., Ltd. located in Jung-gu Incheon Metropolitan City, who employs two regular workers and operates a newspaper business.

The Defendant did not pay KRW 1,218,180, in total, to E who worked from January 10, 2012 to May 28, 2012 at the same place of business, within 14 days from the date when the cause for the payment occurred without a written agreement on the extension of payment between the parties concerned, with KRW 500,00 for April 1, 2012, and KRW 718,180 for five minutes of wages.

Summary of Evidence

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to a written petition and a written statement;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that the defendant paid an amount equivalent to 482,000 won to E around March 2012, and thereafter, the defendant expressed his/her intent to deduct it from the wages of April 2012, the amount unpaid on April 2012 is not liable for payment.

On the other hand, the purport of the so-called principle of total wage payment by stipulating that "wages shall be paid in full to workers in currency" in the main text of Article 42 (1) of the Labor Standards Act is to prevent an employer from unilaterally deducting wages from the total amount of wages, thereby promoting the protection of workers so as not to threaten the economic life of the workers. Therefore, it is prohibited that an employer unilaterally set off a worker's claim with the employer's claim against the worker with the employer's consent, but there is objective reason to recognize that the employer's consent was based on the worker's free will in case of setting off a worker's claim with the employer's consent.