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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a C's actual manager in Namyang-si, who ordinarily employs two workers and operates a retail business of land.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Nevertheless, from December 1, 2012 to April 30, 2014, the Defendant did not pay the sum of KRW 18,300,000,000,000 for wages in December 2013, 2013, the wage of KRW 4.5 million in January 2014, the wage of KRW 4.5 million in February 2014, the wage of KRW 4.5 million in March 2014, the wage of KRW 4.5 million in April 2014, and the wage of KRW 18.3 million in April 2014, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. Statement of police preparation on E and D, and details of deposits in passbooks;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the accused recognizes the criminal facts of this case and reflects his mistake; (b) the Defendant appears to have caused the instant crime due to difficulties in the management of the place of business where the Defendant was operated; and (c) the fact that there was no record of criminal punishment is recognized as normal conditions favorable to the Defendant.
However, the crime of this case where wages of the worker who has to pay the most preferentially is not paid is not less than the nature of the crime in light of the content and method of the crime, the legislative intent of the Labor Standards Act, etc., and the amount of unpaid wages is reasonable, and it seems that the wages have not been paid up to now, and the balance of general punishment in cases of the same kind and similar kind, and the defendant's age, sex, intelligence and environment as shown in the argument of this case.