Text
Defendant shall be punished by a fine of two 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 of the Gangnam-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd. located in 1115, who has operated credit business by using two full-time workers.
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen 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, at the above place of business, has been engaged in the business of transfer to the financial company from August 2, 2010 to September 29, 2013.
The retired D’s wages of KRW 2,200,00 on March 2013, and KRW 2,200,000 on April 2, 2013, and KRW 2,200,000 on May 2013, 2013, and KRW 2,200,000 on June 6, 2013, KRW 2,200,00 on July 2, 2013, KRW 2,200,00 on August 2, 2013, KRW 2,200,00 on August 2, 2013, and KRW 2,126,60 on September 2, 2013, did not pay KRW 15,326,60 on the date of retirement within 14 days without an agreement between the parties on the extension of the payment date.
2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the defendant, at the above place of business, has been engaged in the business of transfer to the financial company from August 2, 2010 to September 29, 2013.
The retirement allowance of 3,850,320 won was not paid until 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A full statement of insured status history;
1. Application of statutes on details of financial transactions;
1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);
1. Commercial concurrence;