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

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

Punishment of the crime

The Defendant is an employer who conducts personal construction business using two full-time workers at the site of a new construction project site of Gyeonggi-gu B.

When a worker dies or retires, the employer shall pay the wages, compensations, and all 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 worked from April 25, 2018 to June 5, 2018 at the same construction site, and retired C’s wages of KRW 1,700,000 on May 5, 2018, and wages of KRW 800,000 on June 1, 2018, and from May 1, 2018 to May 9, 2018, the Defendant did not pay KRW 4,90,000 on total wages of KRW 1,40,000 on May 1, 2018, and E’s wages of KRW 1,40,000 on May 20, 2018 without agreement on extension of the payment date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the respective Acts and subordinate statutes of D and E;

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts, Articles 109(1) and 36 of the Act on the Selection of Punishment (A) and Articles 109(1) and 36 (D and E) of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); and selection of each fine.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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