Text
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The suspect is the representative director of the Dispute Resolution Co., Ltd. in the Bupyeong-gu, Busan Metropolitan City, and is a business operator who operates the gas machinery manufacturing business by employing seven full-time workers.
1. The suspect had worked from October 4, 2010 to June 26, 2013 at the above workplace, and had not paid the total amount of KRW 7,735,254 as stated in the attached Table, including KRW 1,194,490 in April 2013, as well as KRW 7,735,254, as stated in the attached Table, within 14 days after the cause for the payment occurred without agreement on extension of the due date between the parties concerned;
2. In addition, the said workplace had worked from October 4, 2010 to June 26, 2013 at the same workplace, and the parties did not pay KRW 9,031,401 of the D retirement pay within 14 days after the cause for the payment occurred without agreement on the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. A petition and a detailed statement of salary;
1. Benefit payment plan, etc.;
1. A written calculation of retirement allowances;
1. All the registered matters of the corporation;
1. A list of scheduled payments of unpaid benefits and retirement allowances;
1. Application of Acts and subordinate statutes on data, including criminal records;
1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;