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The defendant shall be punished by a fine of KRW 1,000,000. If the defendant does not pay the above fine, 100.
Reasons
Punishment of the crime
The defendant is the third representative director in Yangsan-si, who operates a construction business with eight full-time workers at the D construction site in Yangsan-si, and is an employer.
When a worker dies or retires, the employer shall pay the wages, retirement allowances, compensation, and all other money and 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 is working as Pokeers from December 1, 2012 to July 28, 2014 at the above construction site.
The retired E's retirement pay of 5,700,000 won was not paid within 14 days from the date of retirement, which is the date on which the cause for the payment occurred, without any agreement between the parties on the extension of the payment
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes of E’s written statement and written complaint (No. 1)
1. Article 44 of the relevant Act on criminal facts and Article 44 of the Guarantee of Workers' Retirement Benefits Act 1 and Article 9 of the Act on the Protection of Workers' Retirement Benefits;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act
1. The summary of the facts charged is that the Defendant is the C representative director of the KCA and works in iron bars at the construction site as indicated in the holding from May 1, 2014 to September 14, 2014.
The retired FF’s total amount of KRW 17,845,00,000, including the wage of KRW 270,000 on September 2014, was not paid within 14 days from the date of each retirement, which is the date on which the cause for payment occurred, without agreement between the parties on the extension of the due date.
2. This part of the facts charged is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.
However, according to the records, the above eight workers are the case.