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Defendant shall be punished by a fine not exceeding 1.5 million won.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Reasons
Punishment of the crime
The Defendant is an employer who is operating a visiting teacher service business, etc. using five full-time workers under the trade name of “C” from the window B and the first floor of Changwon-si.
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, the defendant is working as an English instructor in the above workplace from March 10, 2014 to February 21, 2020.
D's total amount of KRW 2,219,265 of wages of 691,405 won in November 2019, wage of 541,520 won in December 2019, wage of 541,520 won in January 2020, wage of 444,820 won in February 2020, and wages of 2,219,265 won in February 2020 did not pay within 14 days from the date of retirement without any agreement between the parties on extension of the payment date between the parties, as described in the table of Attached Crimes Nos. 1 and 3 in the table of Attached Crimes Nos. 1 and 3.
Summary of Evidence
1. Application of the accused's written petition to the victims of his/her legal statement, the police statement, the duty hours table, and the law applicable;
1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts;
1. Selection of alternative fines for punishment (reduction in consideration of agreed parts dismissing public prosecution);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 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. As stated in the facts charged above, the Defendant did not pay wages No. 2 E of the annexed Table 1 of Crimes.
2. The determination is based on Article 109(1) and Article 36 of the Labor Standards Act, and the victim’s explicit intent under Article 109(2) of the same Act.