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Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The defendant is the representative of the Busan Geum-gu E company, who employs 20 full-time workers.
The Defendant did not pay KRW 21,69,901 in total as wages and retirement allowances to C retired while working in the said workplace from August 21, 2008 to October 15, 201, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.
Summary of Evidence
1. Statement of the accused in the second protocol of trial;
1. C’s petition;
1. Application of Acts and subordinate statutes on the calculation of wage ledgers and retirement allowances;
1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines
1. The dismissal of public prosecution under Articles 70 and 69(2) of the Criminal Act
1. Summary of the facts charged
A. The Defendant is the representative of Busan Jin-gu FF Co., Ltd. who employs 25 full-time workers.
(1) The Defendant did not pay the total amount of KRW 19,778,860 to G who was employed in the said workplace from May 1, 2008 to May 31, 2009, total of KRW 19,778,860 to G who retired from the said workplace, within 14 days from the date of retirement without any agreement on the extension of the due date for payment between the parties concerned, and did not pay the total of KRW 274,274,398 to 13 workers, as shown in the attached list 1 of the crime committed in the annexed list of crimes.
D. The Defendant did not pay the total of KRW 11,446,150,00 from September 10, 201 to April 21, 201, within 14 days from the date of retirement, without agreement on the extension of the due date between the parties concerned, while serving in the said workplace from around September 10, 201 to April 21, 201.
B. The Defendant, as the representative of the Busan Geum-gu E company, is the employer who employs 20 full-time workers.
(1) The Defendant had worked from June 1, 2004 to August 31, 2010 and had retired from the said workplace on the date of the payment between the parties concerned.