Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The defendant is a person who is the actual manager of the BC located in Scheon-si (State), and is a user who operates a food manufacturing enterprise using 15 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.

Nevertheless, the Defendant did not pay KRW 4,223,560 of the total wages of two workers within 14 days from each retirement date, in addition to the failure to pay KRW 894,810 of the D’s wages in September 2016, which had been worked at the above workplace from July 13, 2016 to November 30, 2016, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. To obtain and report data on internal investigation (the details of arrears, the ledger of wages, the details of arrears of the petitioner, and the cards on commuting records) and investigation reports (the verification of grounds for calculation of the details of arrears of criminal facts);

1. Application of Acts and subordinate statutes to inquire about crimes and criminal history;

1. Article 109 (1) and Article 36 of the Act on the Standards of Employment and Selection of Punishment for Criminal Facts, and Articles 109 (1) and 36 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. 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. As to the issue of the main text of Article 186(1) of the Criminal Procedure Act, the Defendant and the defense counsel asserted that the Defendant did not have paid wages as stated in the facts charged, since the Defendant paid all wages according to the agreement with the above workers.

The following circumstances, which were duly adopted and examined by this Court, i.e., the employee D from the investigative agency to the court of this Court, “from the State operated by the Defendant” to July 13, 2016.