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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is the representative director D in the Dispute Resolution Co., Ltd. who is a user who runs transportation business using ten full-time workers.
1. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant worked in the above workplace from October 18, 200 to November 30, 2015, and did not pay part of 77,992,210 of the retirement pay of E retired retirement pay to 14 days from the date of retirement without an agreement on the extension of payment deadline between the parties.
2. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant employed from October 18, 200 to November 30, 2015 at the above workplace and retired from the above workplace 3,464,280 won for non-use of the annual paid leave in 2013, 3,622,750 won for non-use of the annual paid leave in 2014, and 3,824,01,040 won for non-use of the annual paid leave in 2015, 14 days from the date of retirement without agreement between the parties to the extension of the payment date.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness F and G;
1. Entry of part of the witness E in the second public trial protocol;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Transmission of the results of a request for investigation cooperation - F, H, I, J, K, investigative report (referring to reference witness F, H, or G telephone statement);
1. Report on internal investigation (forth, allowances not used annually and full-time admission measures);
1. Application of Acts and subordinate statutes to all registered certificates, business registration certificates, and list of subscribers;
1. Criminal facts;