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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
1. The Defendant in violation of the Labor Standards Act is an employer who operates a siren valve manufacturing business using seven full-time workers as a corporate representative director in Seo-gu Incheon, Seo-gu.
The Defendant did not pay KRW 20,010,638 of the total wages of three workers within 14 days from the date of each retirement, including KRW 2,191,33 of the D’s retirement from April 11, 2013 to January 27, 2015, as well as KRW 20,010,638 of the D’s retirement salary in October 2014.
2. The Defendant violated the Guarantee of Workers' Retirement Benefits Act, including the above D's retirement pay of KRW 4,058,640,000, total amount of KRW 9,682,672, as stated in the details of the money and other valuables in arrears, did not each pay to two workers within 14 days from the date of each retirement without agreement on extension of payment date between the parties
Summary of Evidence
1. Defendant's legal statement;
1. Application of respective Acts and subordinate statutes of D, E, and F;
1. Article 109 (1), Article 36 of the Labor Standards Act, Article 44 subparagraph 1, or Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each alternative fine for punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.