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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is a person who operates the main points of "C" in the Dong-gu B and the first floor of Gwangju, and is an employer who ordinarily employs 13 workers.
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;
Nevertheless, the defendant works in the above workplace from July 1, 2016 to September 16, 2017.
Wages of retired workers D shall be 5,816,180 won, ② from August 3, 2016 to October 15, 2017.
Wages E of retired workers shall be KRW 7,00,000, and ③ shall work from July 1, 2016 to April 9, 2017.
Wages of retired workers F shall be KRW 4,600,000, ④ from July 4, 2016 to April 14, 2017.
The employer did not pay the total amount of KRW 18,442,850 to four workers, including KRW 1,026,670, in total, within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.
2. Where an employer in violation of the Guarantee of Workers' Retirement Benefits Act retires, the employer shall pay retirement allowances within 14 days from the date when grounds for such payment occurred, unless the payment has been extended by agreement between the parties concerned.
Nevertheless, the defendant works in the above workplace from July 1, 2016 to September 16, 2017.
Retirement allowance of retired workers D 2,968,284, and 2. From August 3, 2016 to October 15, 2017
The retirement allowances of retired workers E, including 2,353,186 won, were not paid in total to 5,321,470 won within 14 days from the date of each 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. Each statement of E, D, F, and G;
1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;
1. Article 109(1), Article 36(1), and Article 36(1) of the Labor Standards Act for criminal facts.