근로기준법위반
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The defendant is the representative of D in Seoul Jung-gu, who ordinarily employs eight workers and operates the clothing manufacturing industry (e.g., leather).
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, the Defendant had worked from September 10, 2016 to October 10, 2016 at the above workplace, and had not paid the total of KRW 15,850,000 for the total of seven workers, as shown in the list of crimes in the attached Table, as well as KRW 1,00,000 for the worker E, within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without agreement between the parties on the extension of the payment date.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the laws and regulations on police statements made to F, G, H, I, J, K, and E;
1. Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting a crime, and the selection 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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. Scope of applicable sentences under law: Fines of 50,000 to 30 million won;
2. The punishment shall be determined as ordered in consideration of the defendant's age, sex, environment, etc. that has been sentenced to a fine two times more for the same crime as the sentence is to be sentenced, and that a considerable part of the damaged workers seems to have received a substitute payment from the Labor Welfare Corporation.