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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is the actual representative of the LAB, who employs seven full-time workers and operates a construction company.
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 did not pay KRW 1,500,000 of wages of workers C retired from the said workplace within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of D;
1. Details of arrears and the application of Acts and subordinate statutes governing the history of insured status;
1. Article 109(1) and Article 36 of the relevant Act on Criminal facts and the former Labor Standards Act for the Selection of Punishment (Amended by Act No. 15108, Nov. 28, 2017; hereinafter the same shall apply), Articles 109(1) and 36 of the Labor Standards Act, the choice of fines (the amount of wages in arrears against employees C who were not agreed upon)
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;