Defendant shall be punished by a fine of KRW 300,000.

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

Criminal facts

The defendant is a user who runs a construction business with 12 full-time workers while operating the corporation D in the Jeonsan-gu Seoul Special Metropolitan City.

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.

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

Nevertheless, from October 15, 2013 to March 26, 2014, the Defendant served as the head of the group directly operated at the site of the Yansan-gu E apartment reconstruction construction site in the front week.

The retired F's wage of KRW 2,770,810 for March 2014 was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Examination protocol of suspect by the special judicial police officer against the accused;

1. Application of Acts and subordinate statutes to the statement of each special judicial police officer to F and G;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that F has a damage claim against F due to a tort in breach of trust (a reasonable amount of KRW 1890,00), the Defendant offseted the instant wage claim.

Even if the Defendant had the above claim, it is prohibited to unilaterally set off the employee’s wage claim with the employer’s claim against the employee (see, e.g., Supreme Court Decision 2001Da25184, Oct. 23, 2001). Accordingly, the Defendant’s assertion is rejected.