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

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

Punishment of the crime

The defendant is an employer who constructs a mold with eight regular workers at the site of new construction of a private house in the Jeju-si, Seopo-si.

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

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, at the foregoing construction site from October 5, 2015 to November 5, 2015, had been employed by the retired worker C and had not paid the total of KRW 10,220,000 as well as KRW 2,80,00 of the wages of the retired worker C in October 2015, as described in the attached Table, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement by the petitioner against C or D;

1. Written opinions and reports on investigation results;

1. Application of Acts and subordinate statutes to written complaint and petition;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated in the violation of the Labor Standards Act against C with the largest worker C);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in recognizing and opposing the instant crime.

On the other hand, the crime of this case is exempted from the obligation of the defendant to pay wages to the workers who work in his workplace.

Wages are key factors that guarantee the basic life of workers, so if they are not paid, unlike general default cases, they are different from the relevant Acts and subordinate statutes.