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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the representative of Geumcheon-gu Seoul Metropolitan Government G Building and JJ Co., Ltd., which is a user who operates a manufacturing business with 20 full-time workers.
When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is working in the company from July 15, 2019 to August 27, 2019.
Retired K's wages of 4,731,178 won in July 2019, August 2019, and from May 13, 2019 to August 2, 2019.
L's retired L's wages of 10,322,580 won (attached Form Nos. 1, 2) in June, July, August, August, 2019, was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statements to L/K;
1. Article 109 (1) and 36 of the Labor Standards Act applicable to the relevant criminal facts and Articles 109 (1) and 36 of the Labor Standards Act.
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Of the instant charges, the summary of this part of the facts charged is as follows: (a) of Article 62(1) of the Criminal Act on the Suspension of Execution (not less than 10 years of previous convictions; (b) there are no previous convictions for the same kind of business; (c) the payment of wages and retirement allowances due to aggravation of management conditions; (d) L was made to K in most of the wages in arrears; and (e) K in most of the paid wages in arrears was also made by the Korea Workers' Compensation and Welfare Service; and (e) the violation of the Labor Standards Act due to wages to workers B, C, D, E, and F; and (e) violation of the Guarantee of Workers' Retirement Benefits Act.