Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is the representative of the Management Co., Ltd. in Ansan-si L1, who is an employer who operates a construction business by using 140 full-time workers at the construction site of Pyeongtaek-si N.

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.

The Defendant, from February 1, 2017 to May 20, 2017, worked in the said workplace and did not pay 1,470,00 won, including the total of 1,470,000 won for wages of 840,000 won on April 201, 2017 to retired workers, as well as 1,470,000 won for wages of 19 workers, as shown in the attached Table 1 of the List of Offenses Act, within 14 days from the date of retirement without agreement between the parties on the extension of payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to P orO;

1. Application of each of the relevant Acts and subordinate statutes;

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The Defendant in this part of the facts charged did not pay the total of KRW 15,225,000 wages of 10 retired workers as shown in the attached Table 2, as well as KRW 1,890,000, including the total of the wages of KRW 1,470,000 on April 1, 2017 to the retired workers B who worked in the said workplace from February 1, 2017 to May 23, 2017, and were employed in the said workplace and retired workers B, within 14 days from the date of their retirement, without any agreement on the extension of the payment date between the parties.

2. Determination

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act;

(c) The victim is not subject to punishment after prosecution;

(d) Judgment dismissing public prosecution: