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Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The defendant is a user who operates C in Gyeong-si, Gyeong-si and runs a mobile phone sales business using eight full-time workers.
When a worker dies or retires, the employer shall pay the money and valuables, such as wages and retirement allowances, within 14 days after the cause for such payment occurred, unless there exist any special circumstances such as an extension of payment period between the parties concerned.
Nevertheless, the Defendant is working in the above workplace from July 1, 201 to June 30, 2013.
Employees D’ wage of KRW 1,700,000 and retirement allowance of KRW 3,235,190 and worked in the same workplace for the same period.
A retired worker E’s total of KRW 13,50,500,500, including KRW 5,000 and retirement allowances of KRW 3,565,310, etc., 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. Defendant's legal statement;
1. Statement made by the police with respect to F (representative of the complainant);
1. A detailed statement of overdue money and valuables;
1. A detailed statement of calculation of retirement allowance;
1. Application of Acts and subordinate statutes to wage ledgers;
1. Article 109(1), Article 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
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;