Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

Attached Form

Criminal facts

(1)as referred to in paragraphs (1) and (2).

Provided, That "1.2 person" and "suspect" shall be deemed "defendant".

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to C;

1. A copy of the organization agreement, a copy of the labor-management agreement, a certificate of all the registered matters, the details of the use of D annual leave, and the details of calculation of unpaid allowances on board when using the annual leave (retirement person or currently employed person);

1. Articles 109(1) and 36 (the fact that the duty to liquidate money or goods is not performed after retirement), Articles 109(1) and 43(1) (the fact that wages are not paid) of the Labor Standards Act concerning facts constituting an offense, and the choice of fines, respectively;

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

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

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

1. The defendant and his defense counsel asserted that the defendant's payment of good faith allowances out of ordinary wages that the defendant should pay at the time of annual leave exceeds ordinary wages, and thus, he paid the total amount of wages more than ordinary wages. Thus, the defendant did not have intention to violate the Labor Standards Act, and there is no possibility that it constitutes justifiable act or is not responsible for it.

2. If there is any ground for dispute over the existence of the obligation to pay wages, etc., such as wages, there exists a reasonable ground that the employer has not paid such wages, etc.;

Therefore, the employer had the intent to commit a crime of violation of Articles 109(1) and 36 of the Labor Standards Act.

It is difficult to recognize that there are grounds for dispute over the existence and scope of the obligation to pay wages, etc., in all the circumstances at the time of dispute over the reason for refusal of payment by the employer, the grounds for such obligation, the organization and size of the company operated by the employer, the business purpose, and other matters such as wages.