Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

The Defendant is an employer who is a real manager C in Gyeonggi-gun B and operates a motor vehicle maintenance business using three full-time workers.

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

Nevertheless, the Defendant did not pay the sum of KRW 2.5 million paid in January 2016, 2016, KRW 2.5 million paid in February 2016, KRW 1.5 million paid in March 2016, KRW 1.5 million paid in March 2016, and KRW 3.2 million paid in November 12, 2015 to March 31, 2016, KRW 3.2 million paid in November 2015, KRW 3.2 million paid in December 2015, KRW 3.2 million paid in December 2015, and KRW 1,61 million paid in January 3, 2016, within 14 days from the date of retirement without agreement between the parties to the payment of money and goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the petitioner, the statement of the petitioner, and details of transfer of wages;

1. Application of Acts and subordinate statutes to inquiries about residents, crimes and criminal history;

1. Article 109(1) and 36 of the pertinent Act and the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); the selection of fines for criminal facts;

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) some of the circumstances may be taken into account in the course of the crime, such as: (b) the Defendant’s acknowledgement of all the criminal facts of the instant case and against his mistake; and (c) the fact that the economic situation seems to have not been paid wages due to the aggravation of business management; and (d) the fact that the current economic situation appears to have not been designated by the judicial branch

On the other hand, each of the crimes in this case, which did not pay wages of the worker who should be paid the most preferentially, is not less than that of the crime in light of the contents and methods of the crime, and the unpaid wages are relatively small.