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Defendant shall be punished by a fine of KRW 300,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The defendant, as a representative of the Dcafeteria in the Pakju City, is a user who employs one full-time worker and operates food business.
1. The Defendant is working in the foregoing workplace from February 22, 2010 to October 13, 2013.
On October 2013, 2013, wages of 230,903 of retired workers E were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
2. The Defendant is working in the foregoing workplace from February 22, 2010 to October 13, 2013.
The retired worker E's retirement pay 3,039,039 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of Acts and subordinate statutes on witness E's partial statement;
1. Article 109 (1), Article 36 of the Labor Standards Act, Article 44 subparagraph 1, or Article 9 of the Guarantee of Workers' Retirement Benefits Act, which applies to facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The defendant and his defense counsel did not pay KRW 230,903 out of the wages of October 2013. However, they asserted that E had justifiable grounds for not paying wages since they agreed to offset the amount of the 41-person monitoring price by voluntarily receiving the payment from the defendant. However, since the worker's wages should be paid in full directly to the worker, the worker's wages should not be offset against the worker's wage claims by the claim for tort against the worker except the over-paid wage refund claim, and even if the defendant has opposing claims as asserted against E.