Text
The defendant shall be punished by a fine of KRW 2,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the representative director of the Gangseo-gu Busan Metropolitan Government Dispute Resolution Co., Ltd., and is an employer who conducts construction business using 30 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.
The Defendant did not pay the total of KRW 6,840,000 for wages of KRW 3,610,000 as wages of KRW 21,050,00 as wages of KRW 380,00 as wages of December 2018, 2018, the Defendant worked as an unfiter in the construction site from April 5, 2018 to January 11, 2019, as stated in the attached list of crimes, without any agreement on extension of the payment date between the parties concerned, as stated in the attached list of crimes, and the Defendant did not pay KRW 21,050,000 for the total of three workers’ wages as wages of KRW 380,00 as wages of January 20, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of E and F;
1. Investigation data input report-transmission report; and
1. Application of Acts and subordinate statutes to confirmation of telephone, etc.;
1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal 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;