Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The defendant is the representative of the C Co., Ltd. located in South and North Korea, and is the employer who runs the manufacturing business of steel structures using three full-time workers.

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 three workers’ wages within 14 days from the date of retirement without an agreement between the parties on the date of payment, as stated in the attached Table No. 1, 2, and 3 re-period No. 1, 3 of the delayed payment of individual money and valuables, including the amount of KRW 900,000,000, the amount of wages of April 21, 2017 to May 2017, 2017, and the amount of KRW 2,70,000,000, the amount of wages of May 2017, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, and F;

1. Application of Acts and subordinate statutes to each written complaint, written complaint, and details of arrears with money and valuables by individual;

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. 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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The part dismissing the prosecution in light of the following: (a) the reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is to recognize and reflect the Defendant’s mistake; (b) the primary offender was the first offender; and (c) some damage was repaid and efforts was made to recover damage.

1. The point of overdue payment of personal money and valuables attached to the summary of the facts charged, including the point of overdue payment of wages 4, 5, and 6 again;

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) Declaration of non-existence of punishment: Confirmation of agreement after the prosecution of this case.

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