Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The defendant is a user who runs a construction business using seven full-time workers as the representative of the mining district E.

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

Nevertheless, the Defendant did not pay the total amount of KRW 5,560,464 of G wages and retirement allowances of retired workers at the same workplace from September 26, 2016 to November 30, 2017 within 14 days from the date of retirement, without any agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Selection of an alternative fine (competence and radius, and consideration, such as the amount, circumstance, etc. of overdue wages, etc.);

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant, as the representative of the Jeju Mine-gu E, is an employer who runs a construction business using seven full-time workers.

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

Nevertheless, the Defendant, while working in the foregoing workplace from June 27, 2016 to July 20, 2018, did not pay the total of KRW 21,561,744 of wages and retirement allowances of retired workers C within 14 days from the date of his/her retirement without an agreement on the extension of the due date between the parties, and as stated in the attached Table No. 2 to No. 4, 30,230.