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 individual constructor who ordinarily employs seven workers at all times without a specific trade name or a certain office while residing in the Masan-si, Yongsan-gu, Masan-si, and who performs a basic construction, etc. for the Busan D cafeteria.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen 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 did not pay KRW 220,000 for the portion of April 25, 2017, and KRW 990,000 for the portion of May 2017, 201 to May 13, 2017, within 14 days from the date of retirement without any agreement between the parties on the date of payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to written complaint and petition;

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

1. Articles 70 and 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 point at which the summary of the facts charged is the overdue payment of KRW 560,00,00 in the wage balance on October 2016, 2016, and the wage of KRW 1,760,00 in the portion on November 1, 2016, where the person works as a tree from September 19, 2016 to November 15, 2016.

2. Determination

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;

(b) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;

(c) Expression of intention not to punish: Submission of a written agreement after the prosecution of this case;

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;