A defendant shall be punished by a fine of 500,000 won.

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

Criminal facts

The Defendant is a business owner who runs a pharmacy using two regular workers under the trade name of “C” in Dongdaemun-gu Seoul Metropolitan Government.

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.

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

Nevertheless, the Defendant, at the foregoing place of business, was in service from December 2, 2013 to October 3, 2016; from July 11, 2017 following the date following that, and was in service and retired from the said place of business from July 2017; and from September 1, 2014 to October 3, 2016, the Defendant did not pay the aggregate of KRW 15,570,000 from the date following that to July 11, 2017, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

Summary of Evidence

1. The defendant's partial statement (as to the unpaid portion of wages on July 2017):

1. A witness D’s legal statement (with respect to the payment of wages on July 2017 and the unpaid amount of weekly leave allowances)

1. In an investigation report (main holiday allowance) (the defendant and his defense counsel asserted to the effect that there was no intention to not pay weekly holiday allowance since they agreed to include weekly holiday allowance in the wages paid to D, but it is difficult to view that the defendant and his defense counsel agreed to do so as argued by D, or that the contents that weekly holiday allowance is not paid separately among the contents of the labor contract include the contents of the labor contract. Accordingly, the above assertion cannot be accepted).

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 portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The summary of this part of the facts charged is that the Defendant runs a pharmacy with the trade name “C” in Dongdaemun-gu Seoul Metropolitan Government, two full-time workers.