A defendant shall be punished by a fine of 400,000 won.

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

Punishment of the crime

The defendant is a representative E company located in Yongsan-gu Seoul Metropolitan Government who employs three full-time workers and engages in construction business.

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 did not pay KRW 1,00,000 from the date of retirement within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline between the parties, which had worked from October 1, 2016 to November 14, 2016 at the site of the F New Construction Project at the Gyeonggi-si Government (third tea).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by each petitioner;

1. An output inspection table;

1. Application of Acts and subordinate statutes to certify business registration and inquiries about business registration;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is that the Defendant did not pay KRW 1,320,00 on November 1, 2016, wages of KRW 1,320,000, wages of KRW 360,000 from October 1, 2016 to December 5, 2016, wages of KRW 360,000 from December 1, 2016, wages of KRW 1,10,000 on November 1, 2016, wages of KRW 200,980,00 on December 12, 2016, to workers C who worked from October 1, 2016 to December 5, 2016, wages of KRW 200,000 on December 2, 2016, without an agreement between the parties on extension of payment.

2. The facts charged in this part of the judgment are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act.

According to the records, workers wish not to punish the defendant after the prosecution of this case was instituted.