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Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, one hundred thousand won shall be the day.
Reasons
Punishment of the crime
The defendant, as a C practical owner in Yong A, is a user who runs a construction business using three full-time workers.
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.
However, if special circumstances exist, the date may be extended by an agreement between the parties.
Nevertheless, the Defendant is working from January 15, 2018 to June 14, 2018 at the above workplace.
A retired D’s wage of KRW 1,120,00 in May 2018, and KRW 1,260,000 in June 2018, and KRW 1,260,00 in total, and KRW 1,20,00 in June 14, 2018, shall work from January 16, 2018 to June 14, 2018.
The retired E’s wages of 388,810 won in April 2018, 560,00 won in May 2018, and 70,000 won in June 2018, and 1,018,810 won in total were not paid within 14 days from each retirement date without any agreement between the parties on the extension of the due date.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the police interrogation of the accused;
1. A written petition;
1. Each fact-finding confirmation of labor cost, data related to the number of working days, and work log [the defendant has not paid the wages specified in the facts charged, but the defendant must either be deducted or offset against the amount of KRW 1,90,000,000, such as D, E's moving expenses, and sckes expenses paid by the defendant from the above accounts payable to the defendant. However, since the worker's wages should be paid in full directly to the worker, the worker's wages cannot be offset against the worker's wage claims by the employer's loans or claims for illegal acts, except for over-paid claims for the refund of wages, etc. (see, e.g., Supreme Court Decisions 9Do2168, Jul. 13, 199; 9Da26721, Dec. 21, 1995). Thus, the defendant has separate monetary claims against D and E.
This is set off against wage claims.