Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Criminal facts

Some of the facts charged were corrected.

On November 10, 2016, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment with prison labor at the Busan District Court for fraud, and on November 18, 2016, the above judgment became final and conclusive.

The Defendant is an employer who runs the wholesale business of machinery and equipment using three full-time workers under the trade name of “C” and “D” in Busan B and 106.

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.

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

Nevertheless, on March 11, 2016, the Defendant did not pay 3,684,451 won in total, including 1,450,50 won in E’s wages, 1,266,951 won in workers F’ wages, and 967,00 won in G’s wages, within 14 days from March 11, 2016, for each retirement date, without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. A E-document;

1. Each letter;

1. Previous records: Results of case search, application of Acts and subordinate statutes of each judgment;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;