A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

The defendant is an employer who employs a daily worker as an individual constructor who performs the framework construction of a new building in Gyeongcheon-si, Sejong, etc. and conducts a construction business.

Nevertheless, the Defendant did not pay KRW 1,100,000 to F who worked in the site of new construction of private housing in Gyeongcheon-si, Gyeongcheon-si, in the amount of wages from December 20, 2016 to December 29, 2016, within 14 days after retirement without agreement between the parties on the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Punishment);

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. In the facts charged, the Defendant is an employer who employs a daily worker as an individual constructor who performs the framework construction of a new building in Gyeongcheon-si, Gyeongcheon-si, etc. and operates a construction business.

Nevertheless, the Defendant did not pay KRW 2,320,000, wage of KRW 700,000, wage of KRW 300,000 for B employed on December 2016, 2015 to workers D who worked in the site of new construction of private housing, etc. in Gyeongcheon-si, Gyeongcheon-si, from October 25, 2015 to April 22, 2016, and KRW 2,320,00 for April 2016, and wage of KRW 40,00 for C employed on December 2016 without any agreement between the respective parties on the extension of payment date.

2. The above-mentioned offense may not be prosecuted against the victim’s express will under section 109(2) of the Labor Standards Act.

B and C expressed their intent not to be punished against the Defendant on January 8, 2018, each before the institution of the prosecution, and therefore, Article 327 subparagraph 2 of the Criminal Procedure Act provides that D expressed his/her intent not to be punished against the Defendant on November 14, 2018, which is after the institution of the prosecution, and that this part is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.