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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the representative director C in Gangnam-gu Seoul and the first floor who ordinarily employs 20 full-time workers and operates indoor building business.
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, unless there are any special circumstances;
Nevertheless, the defendant is working from November 4, 2013 to October 9, 2015 at the above workplace.
Design Division D’s 2,600,000 wages in March 2015, and 2,600 from September 2, 2013 to October 14, 2015.
6,260,769 won in total for two workers, including the 3,230,000 won in September 2015, and 430,769 won in October 2015, were not paid respectively within 14 days from the date of retirement, without any agreement between the parties on extension of the due 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, unless there exist any special circumstances.
Nevertheless, the defendant is working from November 4, 2013 to October 9, 2015 at the above workplace.
The retired design division deputy head of D retirement pay of D, 4,727,876 won, and from September 2, 2013 to October 14, 2015.
The Deputy Minister of the Ministry of Construction and Transportation has not paid the total amount of KRW 10,728,466 to two workers including the retirement allowances of E 6,000,590, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Application of the respective Acts and subordinate statutes of E and D;
1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and 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 for the ordinary concurrences;
1. Selection of each alternative fine for punishment;