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Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the F representative in Si interest-si E who runs a construction business (G) with six full-time workers.
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.
Nevertheless, the Defendant did not pay KRW 3,140,00, monthly wage of KRW 2,340,000 for April 5, 2018, and monthly wage of KRW 5,480,00,00 within 14 days from the date on which the cause for the payment occurred without agreement between the parties regarding the extension of the due date between the parties.
Summary of Evidence
1. Defendant's legal statement;
1. A H statement;
1. Application of H’s authentic statutes;
1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act
1. The summary of the charge of violation of the Labor Standards Act against B, C, and D among the facts charged in the instant case is that the Defendant provided labor to the workplace and did not pay wages of workers B, C, and D within 14 days from the date on which the cause for payment occurred without any agreement on the extension of the payment date between the parties concerned, such as the sequence 2, 3, and 4 in the annexed crime list
2. On the other hand, this part of the facts charged is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the employee’s explicit intent under Article 109(2) of the Labor Standards Act. According to the records, it can be acknowledged that the employee B, C, and D has withdrawn his/her wish to punish the Defendant after the institution of the instant indictment. Thus, this part of the indictment is dismissed under Article 327(6) of the Criminal Procedure Act.