Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

The Defendant is an employer who operates a service business by employing three full-time workers as the D representative located in North Korea-gu C at the port.

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

Nevertheless, the Defendant, on March 8, 2016, did not pay KRW 2,220,515, including KRW 1,359,30 on February 2016, as well as KRW 2,220,515, which was retired from the said workplace, to the lapse of 14 days from the date of retirement without an agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The document of F;

1. Written opinion;

1. A written agreement on employees and a detailed statement of wages;

1. Application of laws and regulations regarding unpaid details (F)

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;

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. Although the essential point of the assertion is that workers E should be treated as unpaid for one hour and 30 minutes (one hour and 30 minutes ad hoc hour) per hour during daily leave, and as such, it did not deduct it and paid wages in excess, so it does not remain as the excess payment remains.

2. Determination

A. Labor hours under the relevant legal principles refer to the hours during which an employee provides labor under the direction and supervision of the employer, and even if an employee does not actually engage in work during the working hours, it is a waiting time, rest time, and sleep time.