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Defendant shall be punished by a fine of KRW 700,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is an individual business operator who resides in Incheon Jin-gun C and runs a construction business using three full-time workers.
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 amount of KRW 4,300,000, which was the total of KRW 2,500,000 for the wages of March 2, 2017, and KRW 1,800,000 for the expenses (vehicle management expenses) from January 2, 2016 to March 30, 2016, was not paid within 14 days from the date when the grounds for payment occurred, without agreement between the parties on the extension of the payment date.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. Application of Acts and subordinate statutes of the E’s authenticity and written statements;
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. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment
1. The summary of the facts charged is an individual entrepreneur residing in Incheon Jinjin-gun C who runs a construction business with three full-time workers.
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, 5,365,00 won in total, 2,645,000 won in January 2, 2017, and 2,720,000 won in February 2, 2017, working from January 2, 2016 to February 29, 2016 at the construction site of the building site of the building site of the building site of the Nam-gu Incheon Metropolitan City D, which the Defendant constructed with the contract by the Defendant.