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

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

Punishment of the crime

The defendant is an employer who runs a construction business using two full-time workers, who is a manager of I located in the second floor of the F building in Bupyeong-gu Incheon Metropolitan City (Gu location: H of the building G building in Nam-gu Incheon Metropolitan City).

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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked in the above workplace from July 4, 2019 to July 14, 2019, respectively, and did not pay KRW 3,600,000, which is the aggregate of KRW 1,800,000 of the wages of J and K for July 2019, respectively, within 14 days from the date of retirement without an agreement between the parties on extension of the due date.

Summary of Evidence

1. Written statements by the witness J of the court and by K of its preparation;

1. In light of the business registration inquiry (the process and the details and methods of providing labor, possession of work tools and materials, etc., as well as the form of payment of agreed remuneration, etc., conducted by J and K, which are revealed by the evidence of each judgment, including the witness J’s testimony, at the Defendant’s workplace, are determined to have provided labor according to the Defendant’s labor contract. Even if part of the damage was incurred to the Defendant who is the employer due to delayed work, etc. as alleged by the Defendant, etc., even if the Defendant was partly damaged due to delayed work, etc., the employer cannot set off against the employee’s wage claim as a matter of principle under the principle of total payment of wages under Article 43(1) of the Labor Standards Act. Thus, the Defendant cannot be exempt from criminal liability due to breach of the obligation to liquidate money

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.