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Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant, as the factory site of the Gangseo-gu Busan Metropolitan Government “C”, is an employer who has been engaged in a manufacturing business with six full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant worked in the foregoing workplace from March 23, 2017 to January 31, 2018 and did not pay 4,037,100 won, including three workers’ wages and retirement allowances totaling 9,286,711 won on November 2017, 2017; wage of 1,405,60,000 won for December 2, 2017; wage of 632,400, annual unused allowances of 108,80 won for January 2018; and did not pay 4,037,100 won within 14 days from the date of retirement, as stated in the list of crimes in the attached Table.
Summary of Evidence
1. Partial statement of the defendant;
1. The suspect interrogation protocol of each judicial police officer against the accused;
1. Statement made by each judicial police officer with respect to D, E, and F;
1. Data, such as a written calculation of retirement allowances of E;
1. Data, such as details of the money and valuables in arrears;
1. The Defendant asserts the following as to the worker E’s overdue wages.
Workers E did not work in January 2018.
Of the overdue wages of E, the overdue wages shall not be paid if the amount of payment of E traffic accident repair expenses, the amount of advance payment of aviation charges, travel expenses, etc. due to visit to home country is deducted.
Workers E has already received 3,575,421 won as substitute payment in Korea Labor Welfare Corporation.
A worker E consistently states that he/she had worked until January 9, 2018 at an investigative agency on the following circumstances, i.e., the following circumstances revealed by each evidence of the ruling, and submitted the work records in 2018 corresponding to the statement, and the Defendant also submitted the wages in arrears in January 2018 of E.