Text
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person who employs approximately 25 full-time workers on the P and fourth floor of Dobong-gu Seoul Metropolitan Government, and operates Qu Fishery Research Institute as an educational service company.
1. From February 11, 2014 to July 25, 2014, the Defendant violated the Labor Standards Act, the Defendant did not pay KRW 2,148,387, out of the wages from May 201 to August 2014 of the Victim R, as well as KRW 8,69,354, in total for five employees, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties, as well as KRW 2,148,387, out of the wages from May 1, 2014 to August 20, 2014.
2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) did not pay KRW 7,363,520 of the victim S retirement benefits to the person who retired from his/her service while serving in the above company from June 11, 2005 to July 25, 2014, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment period.
Summary of Evidence
1. Statement by the defendant in court;
1. A written petition, 2, and 3;
1. Application of Acts and subordinate statutes concerning confirmation of facts, such as telephone;
1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (a point of payment of unpaid wages);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
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. The part concerning dismissal of public prosecution under Articles 70(1) and 69(2) of the Criminal Act with the detention in a workhouse
1. The summary of the facts charged is that the Defendant employs approximately twenty-five full-time workers on the P and fourth floor of Dobong-gu Seoul Metropolitan Government and operates Q2 Research Institute as an educational service company.
A. From June 11, 2005 to July 25, 2014, the Defendant violated the Labor Standards Act for the total of 13 workers, such as 2,396,33 won from May 1, 2014 to August 25, 2014 by the victim C, who retired from work, as well as 1,396,33 won from the wage to August 2014 by the victim C.