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Defendant shall be punished by a fine of 300,000 won.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
The defendant is the representative of the D convenience store in South and North Korea, who employs one full-time worker and operates convenience store business.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 wages of KRW 965,00 in March 2018 to E retired from the said workplace within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment of money and valuables, from October 16 to March 31, 2018.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police for E;
1. The defendant and his defense counsel asserted that they did not pay wages, etc. to the defendant because they committed an illegal act that does not have any inventory equivalent to KRW 3.4 million, such as eating store articles in mind.
Where there are grounds for dispute about the existence and scope of the obligation to pay wages, retirement allowances, etc., the employer has reasonable grounds for failing to pay the relevant wages, retirement allowances, etc.
Therefore, it should be viewed that an employer had the intent to commit a violation of Article 36 and Article 109(1) of the Labor Standards Act, and Article 9 and Article 44 subparag. 1 of the Workers' Retirement Benefit Security Act.
It is difficult to see that there are grounds for dispute over the existence and scope of the obligation to pay wages and retirement allowances should be determined in light of the grounds for refusal of payment by an employer and the grounds for such refusal, the organization and size of the company operated by the employer, various matters such as business purposes, and all other circumstances at the time of dispute over the existence and scope of the obligation to pay wages and retirement
However, regarding workers.