Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

The defendant is an individual employer who employs 10 full-time workers and runs a steel framed construction business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, from August 1, 2016 to December 8, 2016, the Defendant failed to pay the total of KRW 20,990,000 for five workers within 14 days from the date of retirement, as stated in the attached Table, as well as the wage of KRW 4,200,00, including the total of KRW 1,445,00 in October 2016 of the workers C, who worked at the construction site of the Seo-gu Incheon Metropolitan City B World Commercial Building Housing, within the period from August 1, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The C’s written statement (the portion in arrears with respect to C and G);

1. Application of the Acts and subordinate statutes governing output;

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 the choice 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. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he/she had the record of being punished by the same kind of force.

However, considering the favorable circumstances in which the defendant recognized and reflected the crime, the punishment as ordered shall be determined by taking into account the following factors: the defendant's age, sex, environment, the background leading up to the crime of this case, the amount of delayed payment, the period of overdue payment, and the circumstances before and after the crime.