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 a representative D and E manager in Gyeyang-gu Incheon Metropolitan City, who employs three full-time workers and operates a wholesale and retail business (public products).

1. 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 did not pay 1,576,640 won, including three retired workers, including 513,320 won in August 18, 2016 to August 31, 2016, and Ha who worked for the same period from August 18, 2016 to August 31, 2016, within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties.

2. When an employer intends to dismiss a worker, he shall do so at least thirty days prior to the dismissal, and when he fails to do so prior to thirty days, he shall pay the ordinary wages for thirty days or more; and

Nevertheless, on August 25, 2016, the Defendant did not immediately pay KRW 1,226,280 each of the pre-determination allowances for dismissal as soon as he/she immediately dismissed three workers working in the above workplace without prior notice on August 25, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F, G, and H;

1. Application of statutes on contracts for direct employment, details of each account transaction, and copies of bankbooks;

1. Relevant legal provisions of the relevant Act concerning facts constituting an offense, Articles 109(1) and 36 of the Labor Standards Act for the Selection of Punishment (which means payment of wages), subparagraphs 1 and 26 of Article 110 of the Labor Standards Act, and the selection of each fine;

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. The Criminal Procedure Act of the Provisional Payment Order.