Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The defendant is the chief director of the school juristic person F located in E in the Jeju, who runs educational business with 70 full-time workers.

Wages shall be paid at least once a month on a fixed date.

Nevertheless, the Defendant did not pay the D’s wages of KRW 2,360,050 on March 2013, 2013; KRW 2,346,510 on April wage; KRW 2,753,50 on May wage; KRW 2,753,50 on June wage; KRW 2,753,50 on July wage; and KRW 2,753,50 on July wage payment day.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each written petition;

1. Application of the Acts and subordinate statutes to each simple statement of G;

1. Relevant provisions of the Acts concerning criminal facts and Articles 109 (1) and 43 (2) of the Labor Standards Act concerning the selection of punishment;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Where wages have not been paid inevitably due to the lack of budget, there is no reason attributable to the defendant, and there is only a method to sell the existing property or borrow money from a third party to pay wages under the lack of budget. This is also no reason to do so. Therefore, the Defendant’s failure to pay wages is an act that does not contravene the social norms.

In addition, D also consented to the fact that wages can not be paid.

2. The judgment-taking employer is naturally obligated to pay the wages under the Labor Standards Act if a labor relationship is established between the employee and the employee. However, if there are special circumstances under which the employer could not expect any more lawful act as a matter of social norms, even if the employer fulfilled all gender and efforts, it would be the ground for excluding the liability for the crime violating the Labor Standards Act.