Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is the employer who has employed two full-time workers as the chairperson of the committee for promotion of the 7th C Motion Pictures System and has proceeded with the C Motion Pictures-related business.

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

The Defendant, from May 20, 2013 to July 19, 2013, failed to pay KRW 5,650,000 of the retirement worker E’s wages from May 30, 2013 to May 31, 2013 and from May 30, 2013 to July 31, 2013, in total, KRW 5,650,000, respectively, within 14 days from the date of retirement without agreement on extension between the parties’ payment dates.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement made to D, E, and F;

1. Application of text records Acts and subordinate statutes with A supervision;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 (Selection of Fine) of the Labor Standards Act concerning facts constituting an offense;

1. As to the Defendant’s assertion under Articles 70(1) and 69(2) of the Criminal Act, the Defendant asserts that the employee’s employer cannot be deemed as the employee because the film festivals is merely the chairman of the promotion committee, and G, the chairman of the execution committee, is the employee’s employer, and he does not have the obligation to pay wages to himself.

Since the chairperson appears to have higher position than the chairperson of the promotion committee in terms of the organizational structure of film festivals, there is room to see that the chairperson is also an employer.

However, “employer” under Article 2(1)2 of the Labor Standards Act refers to an employer, a person in charge of business management, or any other person who acts on behalf of a business owner with respect to matters relating to workers, and “person in charge of business management” refers to a person who is responsible for general business management and is delegated by the business owner with all or part of the business.