Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is the representative of the D Co., Ltd. in Guro-gu Seoul Metropolitan Government, who runs a service business using ten regular workers.

When a worker dies or retires, the employer shall pay wages, compensations, and other money and valuables within 14 days after 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 is working from June 26, 2018 to August 14, 2018 at the above workplace.

The retired E's total wages of 18,676,025 won, including 1,129,031 won for August 2018, including the wage of 1,129,031 won, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of E, F and G;

1. The statement by which H is the respondent (Evidence 17);

1. Application of Acts and subordinate statutes, such as a written confirmation of each employer (Evidence 14, 19) of overdue wages;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The amount of fine for a summary order under Article 334(1) of the Criminal Procedure Act is appropriate as determined in full view of all the sentencing conditions, including the amount of unpaid wages, etc., the details and motive of the payment, the unpaid period, and the criminal records against the defendant.

Since a substitute payment is operated with the financial resources of the charges paid by other employers, it cannot be considered that the financial burden due to the payment of the substitute payment is ultimately transferred to other employers. Therefore, there are circumstances in which the damages are partially recovered through the payment of the substitute payment.

Even if there is no evidence that the defendant paid the amount of substitute payment to the Korea Labor Welfare Corporation, it is possible to reduce the amount of the fine.