Text
Defendant shall be punished by a fine of 200,000 won.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
The defendant is the representative of K K in the wife populationJ, who is engaged in the manufacturing industry by utilizing 15 full-time workers.
The Defendant, as in the list Nos. 3 attached hereto, did not pay KRW 3,264,090 of L retirement pay from May 20, 2013 to February 28, 2017 to the above workplace, without agreement between the parties on the extension of payment deadline, within 14 days from the date of retirement.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statements on the preparation of L;
1. Application of Acts and subordinate statutes on a detailed statement, copy of passbook, and benefit statement;
1. Article 44 of the Act applicable to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for elective Workers, and Selection of a fine;
1. The part dismissing the public prosecution in consideration of the following: (a) the Defendant’s confession to commit the instant crime and reflects the Defendant; (b) there was no record of punishment for the same criminal record; and (c) the amount of unpaid retirement pay and substitute payment was partially paid; and (d) the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to
1. The summary of the facts charged is the defendant, as the representative of K in the wife population J, who ordinarily employs 15 workers and operates a manufacturing business.
The Defendant did not pay KRW 2,243,643, retirement allowance 10,161,288 of the B’s wages and retirement allowance for eight workers as shown in the attached Table Nos. 1, 2, and 4 through 9, from around November 10, 2009 to March 31, 2017, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline, and did not pay KRW 151,740,191, in total, for eight workers as stated in the attached Table Nos. 1, 2, and 4 through 9.
2. Crimes of non-prosecution for judgment: The judgment dismissing a public prosecution where the workers after the prosecution of this case under Article 109(2) of the Labor Standards Act, the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act indicate their intention not to punish the defendant: Article 327 subparag. 6 of the Criminal Procedure Act.