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Defendant shall be punished by a fine of five million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is the representative of the (State)G located in the North-gu, Northern-si, who employs 7 full-time workers and operates service business (software development).
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant, while working in the above company and retired on February 17, 2012, did not pay KRW 21,79,651 in total amount of money and valuables of two workers as stated in H and I in the list of crimes in the attached Table, as well as KRW 1,350,00 in January 17, 2012.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of each police protocol to H and I;
1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The dismissal of public prosecution under Articles 70 and 69(2) of the Criminal Act
1. The Defendant in this part of the facts charged is the user who ordinarily employs 7 workers as the representative of (ju)G located in the North-gu, Northern-si. In this part, the Defendant is an employer who operates service business (software development).
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant, while working in the above company on February 1, 2010, did not pay 36,552,142 won in total as stated in D and E in the annexed crime list, including 1,949,000 won in November 1, 2009 as well as 36,552,142 won in total, as stated in D and E in the annexed crime list.
2. Determination is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and Article 109(2) of the same Act.