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

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

Punishment of the crime

The Defendant, as the representative director of the limited company C in Jung-Eup, is the employer who is a full-time worker at the “E” location D in Jung-Eup, Jung-gu, Seoul, and executes steel-rein concrete construction work.

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.

Nevertheless, the Defendant did not pay the total of KRW 31,01,865 of the wages of 7 workers within 14 days from the date of retirement, as shown in the list of crimes in the attached Table, including KRW 4,622,660 on September 9, 2017 and October 30, 2017, when working from May 8, 2017 to October 30, 2017 at the above construction site, as well as KRW 31,01,865, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 109(1) and 36 of the pertinent Act and the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); the selection of fines for criminal facts;

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

1. The instant crime with the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is a large number of workers who did not pay wages and the amount of unpaid wages is also required to be severely punished.

However, as the progress of the construction work is delayed and personnel expenses are excessive, the Defendant did not receive the payment of the construction cost as if the dispute over the settlement of construction cost occurred due to disputes over the claim for the construction contract contractor and the fourth insurance. This appears to have influenced the instant crime that the Defendant did not pay wages. Although the Defendant intended to pay wages, it did not have to pay money.