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Defendant shall be punished by a fine of KRW 700,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The defendant is the representative of D Co., Ltd. 1401 in Busan Shipping Daegu Co., Ltd., who employs eight full-time workers and carries on real estate business.
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;
Nevertheless, the Defendant did not pay KRW 653,00 from May 6, 2010 to September 14, 201, wages of KRW 653,00 from the date of retirement without an agreement between the parties on the extension of the due date.
2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Nevertheless, the Defendant did not pay retirement allowances of KRW 2,247,319, and KRW 3,658,427 from May 4, 2010 to October 31, 201 of F with respect to G who worked for the said company from January 25, 201 to October 31, 201, within 14 days from the date of retirement without any agreement between the respective parties on the extension of the payment date.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness H;
1. Second-time protocol concerning the examination of the suspect against the accused;
1. Application of Acts and subordinate statutes to a report on the acquisition of investigative data (each service contract, business rules, etc.);
1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the selection of each fine for negligence;
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;