Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is a business owner in Yeonsu-gu B and the first floor in Incheon, who runs a general restaurant business with three regular employees.

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

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

Nevertheless, the Defendant had worked from May 19, 2018 to September 18, 2018 at the said workplace, and had not paid KRW 2,200,000 in August 2018, which was retired from the said workplace without an agreement between the parties on the extension of the payment due date, within 14 days after the cause for such payment occurred.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to report investigation results;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

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

1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, paid 1.5 million won out of unpaid wages to D after prosecution.

There is no record that the defendant has been punished for the same crime.

On the other hand, the crime of this case is exempted from the obligation to pay wages to be borne by the defendant for workers D who worked in his workplace.

In light of the fact that wages are core elements that guarantee the basic life of workers, so if they are not paid, there is a provision that the punishment should be imposed separately in the relevant Acts and subordinate statutes differently from the case of default in general.

Until now there has been no agreement with the victimized worker.

The above circumstances are shown in the records and arguments of this case, such as the defendant's age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime.