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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is an employer who runs a construction business with three full-time workers as a business owner in Gwangju Northern-gu C.
1. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred;
Nevertheless, the defendant is working from October 29, 2015 to April 18, 2017 at the above workplace.
A retired D’s total wages of KRW 4,950,00,000, and labor from October 22, 2016 to April 3, 2017.
The total amount of wages of retired E shall be 11,220,000 won, and it shall be 11,220,000 won on March 2015.
Wages of retired FF 500,000 won, March 16, 2015.
The retired G's wage of 17,095,000 won in total for four workers, including 425,000 won, was not paid within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.
2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Nevertheless, the defendant is working from October 29, 2015 to April 18, 2017 at the above workplace.
The retirement allowance of 2,210,959 won was not paid 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. Police suspect interrogation protocol of the accused;
1. Application of Acts and subordinate statutes to the average wage and retirement allowance calculation statement of each police officer with respect to D, E, and F;
1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 201);
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment provided for a violation of the Labor Standards Act against D, a violation of the Guarantee of Workers' Retirement Benefits Act, and a punishment provided for a violation of the Labor Standards Act of more severe punishment);
1. Selection of each alternative fine for punishment;