Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is a business owner who employs eight full-time workers in G in Hamnam F, and operates metal surface painting business, using eight full-time workers.

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.

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

Nevertheless, the defendant is in charge of production affairs from June 4, 2018 to August 1, 2018 at the above workplace.

A retired H’s total of KRW 3,480,350 in June 2018 and KRW 2,115,930 in July 2018 and KRW 3,480,350 in July 2018, without any agreement between the parties on the extension of the due date, was not paid within 14 days from the date on which the cause for such payment occurred.

Summary of Evidence

1. Defendant's legal statement;

1. The president of the H’s complaint;

1. A true statement of the I;

1. Application of Acts and subordinate statutes on work hours and wage calculation table;

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

1. Selection of an alternative fine for punishment;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 30 million won;

2. Non-application of the sentencing criteria: Non-application of the sentencing criteria by selecting fines;

3. Sentenced public prosecutor: Fines of 7 million won.

4. The Defendant, who was sentenced to a sentence, did not pay 3,480,350 won for one employee.

There is a punishment for a 4-time fine for the same crime.

However, there is no evidence to prove that the defendant had not been paid wages due to business deterioration, and that the defendant has not been paid in bad faith.

It seems that the damaged workers have not reached an agreement after departure.

The defendant has been punished by a fine before 2005.

Other records, such as the age, character and conduct, environment, motive, means and result of the crime, and circumstances after the crime.