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Defendant shall be punished by a fine of three 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 a user who runs a limited liability company C (hereinafter referred to as “C”) located in Yongnam Cancer Group B.
1. The Defendant in violation of the Labor Standards Act did not pay KRW 8,087,220 of the wages of retired workers D, who worked in C from November 21, 201 to December 31, 2012, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date, and did not pay KRW 23,621,710, total sum of three wages of retired workers in C, as described in attached Table Nos. 2, 3, 5, until December 31, 2012, without any agreement on the extension of the due date between the parties.
2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 4,327,620 of the retirement allowances of workers D who retired from C from office from November 21, 201 to December 31, 2012 within 14 days from the date of retirement without an agreement between the parties on the extension of the payment due date, and did not pay KRW 8,193,660, total amount of two retirement allowances of workers retired from C, as described in attached Table 2, 3, until December 31, 2012, without any agreement on the extension of the payment due date between the parties.
Summary of Evidence
1. Defendant's legal statement;
1. The part concerning E and F statements in the police statement of E
1. Application of the laws and regulations governing respective complaints of D, G, and F, D, G, and E;
1. Determination of fines for criminal facts, Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and each of the fines (in light of the fact that the payment of fines is inconsistent with each other, and the fact that the same kind of crime does not have any record) for the choice of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act
1. Each part of the facts charged is as follows.