Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is an individual constructor with a domicile in the Southern-gu C and the second floor of Incheon, who runs a construction business without a regular worker.

When an employee retires, an employer shall pay wages, compensations, and other money or valuables within 14 days from the date on which the cause for such payment occurred.

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

[2015 High 845] The Defendant did not pay KRW 3,230,00 from October 5, 2014 to October 31, 2014, the Defendant worked at the construction site of a new individual house located in Incheon Cheongjin-gun, Incheon, for the period from October 5, 2014 to October 31, 2014, within 14 days from the date of retirement without agreement between the parties on the extension of payment period.

[2015 High 1958] The Defendant: F’s wage of October 1, 2014; and 1,800,000 won in 2014; and 2014 year from September 19, 2014 to October 26, 2014, working at the construction site of a new individual house located in Incheon Cheongjin-gun, Incheon.

9. G 3,600,000 won in total, which worked from October 26, 2014 to October 26, 2014, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F, G, and H;

1. Protocols of examination of witnesses of this court as to I;

1. A E statement (including attached documents);

1. Application of the Acts and subordinate statutes governing output;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 109 (1) and 36 of the Labor Standards Act, and selection of fines;

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;

1. It is so decided as per Disposition on the grounds of not less than the text of Article 186(1) of the Criminal Procedure Act, which bears the costs of lawsuit;