A defendant shall be punished by a fine of 400,000 won.

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

Punishment of the crime

[2018 Highest 103] Defendant A is an employer who runs a manufacturing business of steel structures using ten full-time workers under the trade name of 10 workers from Gyeongnam-gun C to D.

When a worker retires, an employer shall pay wages, compensations, and other money and valuables within 14 days from the date of his/her retirement, unless there exists an agreement between the parties on the extension of the payment date.

Nevertheless, Defendant A worked for the above company from March 1, 2017 to July 31, 2017 as an air space, and Defendant A did not pay the total of KRW 4,900,000 (No. 4, 14,000 per annum of the crime committed in the annexed Table) to E, within 14 days from the date on which the payment cause occurred, without an agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. G statements;

1. Application of Acts and subordinate statutes to basic contracts and a statement of claim for flag;

1. Relevant Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting a crime and Articles 109 (1) and 36 of the same Act concerning the selection of punishment;

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 part dismissing the public prosecution, including the fact that a worker E received substitute payment equivalent to the overdue wages and the fact that there are special reasons for taking into account the advance payment, such as the fact that the worker E received substitute payment for the reasons for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, and the legal management of H, the original Cheong.

1. The facts charged [2018 Highest 103] Defendant A is an employer who runs a manufacturing business of steel structures using ten full-time workers under the trade name of 10 workers from Gyeongsung-gun C.

When a worker retires, an employer shall pay wages, compensations, and other money and valuables within 14 days from the date of his/her retirement, unless there exists an agreement between the parties on the extension of the payment date.

Nevertheless, Defendant A has been expelled from April 3, 2017 to July 31, 2017.