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

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

[Criminal record] On June 14, 2017, the Defendant was sentenced to imprisonment with prison labor for two years at the Busan District Court for fraud, etc. and the judgment becomes final and conclusive on October 31, 2017.

[Criminal facts] The Defendant is an employer who ordinarily employs 15 workers under the trade name of “C Mart” in Busan Pagu and operates a marina business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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, on July 11, 2016, the Defendant did not pay 6,523,329 won in total, including 2,806,451 won of D wages of employees retired from the above workplace at the above workplace, within 14 days from the date of each retirement without an agreement between the parties on the extension of the payment period between the parties concerned, as stated in the attached Table Nos. 5, 9, and 10.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement and written statement by the police with respect to E;

1. Application of Acts and subordinate statutes to the details of money and valuables in arrears;

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 first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

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 detailed statement of the money and valuables in arrears for each person on the charges attached to subparagraphs 1 through 4, 6 through 8 each year;

2. Determination

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

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

(c) Expression of intention not to punish: Withdrawal of the petition filed on April 11, 2018, which was subsequent to the institution of public prosecution of this case;

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;