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 employer who has used one or three full-time workers to build a new house B in the Yeongdeungpo-gu Busan Metropolitan City without a specific trade name and location.

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 90,000 from the date of his retirement within 14 days from the date of his/her retirement without an agreement on the extension of the due date between the parties concerned, which had worked as a paint for the period from December 5, 2019 to December 8, 2019.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of the police suspect examination protocol against the accused;

1. Application of the Acts and subordinate statutes written in C;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the provisional payment order takes into account the circumstances favorable to the defendant that the defendant led to the confession of the crime and reflects the fact that the defendant was unable to pay the victim's wages because of his/her failure to receive the payment of the construction cost, etc. The defendant did not completely recover from damage even after one year after his/her retirement, and considering the fact that the defendant's records of punishment up to 13 times, etc. disadvantageous to the defendant. In addition, considering the defendant's age, character, conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, and the unpaid wages amounting to 90,000 won in a summary order, it cannot be deemed unfair. Thus, a fine of KRW 500,000 shall be imposed.