beta
Text
Defendant shall be punished by a fine of four million won.
If the defendant fails to pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is the representative of Da Co., Ltd. in Chungcheongnam-nam Budget Group C and is an employer who runs the main business using 29 full-time workers.
1. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;
Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant retired from office from office from March 21, 2017 to November 30, 2017, did not pay KRW 1,912,19 of wages on September 2017, 2017, KRW 3,624,237 of wages on October 2017, KRW 3,688,957 of wages on November 3, 2017, KRW 9,225,313 of wages, and KRW 270,687 of wages from March 24, 2014 to December 7, 2017, KRW 30,687 of wages, KRW 4,371, KRW 374, KRW 374, KRW 374, KRW 147, KRW 145,475, KRW 15375, KRW 258, KRW 2015, KRW 375,1475,207.
2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the F's retirement allowance of KRW 17,969,006, which was retired for the period specified in paragraph 1, within 14 days from the date of retirement without agreement between the parties.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of E and F;
1. Application of Acts and subordinate statutes to data verifying payment of wages and a statement of accounts of retirement allowances;
1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (a point of payment of unpaid wages);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of a fine for negligence;