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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On September 29, 2016, the Defendant was sentenced to a suspended sentence of three years on October 7, 2016 due to a violation of the Labor Standards Act in the Seoul Southern District Court, and the judgment was finalized on October 7, 2016.
The defendant is the representative director of Guro-gu Seoul Metropolitan Government building B and 501 (ju)C, who is a full-time worker and conducts management consulting business using five full-time workers.
1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her 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 did not pay the total amount of KRW 3,126,80 of wages in March 2015, 2015, KRW 3,543,230 of the retired worker D who was employed in the said workplace from November 1, 2012 to March 31, 2015, KRW 416,350 of the total amount of refund of the source of early retirement, and KRW 3,543,230 of the said workplace from June 1, 2013 to March 31, 2015, KRW 297,970 of the retired worker E’s wages in October 2, 2014, KRW 654,070 of the monthly wage in November 2, 2014, KRW 654,070, KRW 70 of the wage in December 2, 207, KRW 2015, KRW 306,305,295,209.
2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred; and
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant’s employee’s retirement pay of KRW 9,400,000 for retired workers D’s retirement pay from the said workplace from November 1, 2012 to March 31, 2015, and KRW 5,390,650 for retired workers’ retirement pay from the said workplace from June 1, 2013 to March 31, 2015.