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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
Attached Form
Criminal facts (Provided, That “suspects” are referred to as “defendants”). Summary of evidence
1. Statement by the defendant in court;
1. Application of the respective legislation of B, C, D, E, F, and G Preparation
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 Act on the Guarantee of Retirement Benefits for each Workers, as to facts constituting an offense.
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (limited to the crimes of violation of the Labor Standards Act for Workers D and G, and the crimes of violation of the Guarantee of Workers' Retirement Benefits Act);
1. Selection of each alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Although some of the workers on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order receive a seizure and collection order against the defendant, the distribution procedure is underway, and the above workers have been actually paid wages.
Therefore, the amount of fine for a summary order shall not be mitigated on the ground of this reason.