Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is the representative of the Gyeonggi-si (State) D located in C, who is a full-time worker and operates an island food processing business using 20 workers.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 5,521,50, as well as KRW 925,440, which was worked from December 1, 2015 to October 8, 2016 at the above workplace, within 14 days from the date of retirement without agreement between the parties on the extension of payment period, as in the attached Table in arrears sheet, as well as KRW 5,521,50, which was worked in January 1 to October 8, 2016.

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

Nevertheless, the Defendant did not pay KRW 9,901,460 for the wages of two workers as shown in the attached Table in arrears, such as the payment of KRW 982,110 for January 2016 and KRW 637,380 for January 31, 2016, which had been working at the said workplace from December 1, 2015, on each regular wage payment date, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of fact;

1. Application of Acts and subordinate statutes to each labor contract, each written labor record, each wage-related data, each benefit, and each copy of passbook;

1. Relevant Article of the Act on Criminal Facts, Articles 109(1) and 36 of the Act on the Standards for Optionald Labor, Articles 109(1) and 43(2) of the Labor Standards Act (a violation of periodic payment of wages), and the selection of fines;

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 main point of the assertion was that the instant workers agreed to bear the cost of meals and boarding houses, and thus, the cost of meals and boarding houses worth KRW 600,000 per month.