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Defendant shall be punished by a fine of KRW 2,000,000.
Where the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is a user who operates a software development and supply business with 20 full-time employees in the third floor of the Gangnam-gu Seoul Metropolitan Government B building.
The Defendant shall work in the workplace from September 17, 2012 to April 24, 2014.
The total amount of wages of retired workers D, 4,775,16 won, wages of 3,770,06 won, wages of 2013, wages of 3,770,006 won, wages of 2013, wages of 4,770,006 won, wages of 4,770,006 won, wages of 203, October 2013, wages of 3,270,006 won, wages of 3,270,06 won, wages of 270,06 won, wages of 20,06 won, wages of 205, wages of 1,395,96 won, wages of 2014, wages of 1,895,96, retirement allowances of 2013, wages of 3,70,006 won, and retirement allowances of 205,396,97,964,696, etc. of 2014.
Summary of Evidence
1. Defendant's legal statement;
1. Each petition and written statement (D);
1. A written statement of each respondent (E);
1. Full certificate of registered matters, and business registration certificate;
1. Application of Acts and subordinate statutes concerning annual salary contracts;
1. Relevant legal provisions concerning facts constituting an offense, Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and choice of fines, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with fines determined for a violation of the Labor Standards Act which is heavier than the punishment of concurrent crimes);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances.
Since the rehabilitation procedure was commenced on June 27, 2014 with respect to the LAC, the reason why the defendant could not pay wages and retirement allowances to D like criminal facts seems to be due to the financial difficulties of the company.
In addition to D, 10 employees of the LAC are due to the delayed payment of wages or retirement allowances.