Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

The defendant is the representative Co., Ltd. in the third floor of the Seo-gu Incheon, Seo-gu, Incheon, who runs a trade business using six full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

The Defendant, at the above workplace from September 1, 2016 to January 6, 2017, did not pay KRW 16,100,103, total amount of five wages, as stated in the details of money and valuables in arrears attached hereto, including D’s wage 767,790 won in September 2016, within 14 days from the date of retirement, without agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition of D, E, F, G, and H;

1. Application of relevant Acts and subordinate statutes to the statements of D, E, F, G, and H;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 109 (1) and 36 of the Labor Standards Act, and selection of fines;

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. Workers on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, who received a small amount of substitute payment from the Labor Welfare Corporation, in whole or in part, receive unpaid benefits. However, the small amount of substitute payment system is a system that the Minister of Labor pays unpaid wages, etc. to workers on behalf of the employer in accordance with the Guarantee of Wage Claims Act in order to stabilize the livelihood of retired workers without receiving wages. Thus, barring any special circumstance, such as where the Defendant repaid the amount equivalent to substitute payment, it is difficult to consider it as sentencing materials favorable to the Defendant solely on the ground that the employee received a small amount of substitute payment.

Accordingly, the defendant repaid until March 12, 2018.