Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The Defendant is an employer who operates a manufacturing business by employing four full-time workers as a real manager of the C Company in Kimpo-si B.

The Defendant, at the foregoing workplace from January 2, 2014 to June 21, 2014, and retired from the said workplace, did not pay KRW 3,927,300 in total, including the wages of KRW 2,00,000 in May 2014 and the wages of KRW 1,927,30 in June 2014, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. A written petition;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Article 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense and Articles 109 (1) and 36 (Selection of Punishment of Fines)

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

1. The defendant's assertion and determination of the provisional payment order under Article 334 (1) of the Criminal Procedure Act remains with D, and the defendant asserts to the effect that the above amount should be deducted or offset.

The purpose of the main text of Article 42(1) of the Labor Standards Act stipulating that "wages shall be paid in full to workers in currency," which declares the principle of full-time payment of wages is to protect workers by prohibiting an employer from unilaterally deducting wages and allowing them to make sure payment of the full amount of wages to the workers so as not to threaten the economic life of the workers. Therefore, an employer's unilateral offsetting of the worker's wage claims with the employer's claim against the worker is prohibited. However, if reasonable grounds for recognizing that the employer's consent is based on the worker's free will exist in the case of offsetting the worker's wage claims with the employer's consent, the employer does not violate the main text of Article 42(