Defendant shall be punished by a fine of 200,000 won.

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

Punishment of the crime

The defendant is a representative C in the second floor of the Seoul Jung-gu building B in Seoul, who is an employer who runs a sales business of Handphones using one full-time worker.

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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 2,512,00,00 as well as KRW 176,00 during the period of education between November 15, 2016 and November 17, 2016, to workers D, who retired from the said workplace, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Details of wages payment, work details;

1. Application of Acts and subordinate statutes to the details of transactions in passbooks, records of attendance at work, and details of calculation of weekly leave allowances;

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

1. At the time of employment of the victim, the Defendant agreed to pay KRW 10,000 including food, weekly leave allowances, etc. in addition to KRW 6,500,00 with the victim as well as the victim’s 6,50,00, and all of the above food payments, there is no unpaid weekly leave allowances.

2. According to the evidence duly adopted and examined by this court, there is no written document as to whether the Defendant and the injured party did not prepare a labor contract, and whether they agreed to pay weekly holiday allowances in the above food arrangement at the time of the labor contract.