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, as the representative of C in Busan-gun, is an employer who runs an educational service business using four regular workers.

When a worker dies or retires, an employer shall pay the wages, compensations, other money and other valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total amount of KRW 19,692,956 in arrears, including the amount of KRW 2.1 million from July 19, 2009 to January 19, 2016, the wage of KRW 2.1 million from December 2015, the wage of KRW 2.1 million from January 2016, the amount of divided wage of KRW 2.1 million from January 2016, and the amount of delayed payment of KRW 2,13,372,956 in February 2016, without agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. A petition, a written statement of payment and a written statement of the petitioner;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment set the amount of the fine to be imposed on the Defendant, comprehensively taking into account the following factors: (a) the Defendant’s delayed payment of wages to the said employee; (b) the process of personal rehabilitation was initiated; and (c) the said employee received substitute payment of KRW 12,463,040 on January 13, 2017, after the instant indictment was instituted; and (d) all other factors of sentencing as indicated in the instant case.