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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 Suwon-si C and D located in Suwon-gu, 301, who operates construction business (construction of machinery) by using at least five full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen 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 did not pay KRW 3,220,00 in total amount of wages of two workers, including KRW 1,260,000, working on November 2, 2014 from January 8, 2010 to November 15, 2014, and KRW 3,220,000,00 in total, working from January 2, 2010 to November 15, 2014, without any agreement between the parties on the extension of the due date for payment, within 14 days from the date of each cause for payment, without any agreement between the parties on the extension of the due date.
(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay 20,648,610 won, including 10,039,680 won of E’s retirement pay from January 8, 2010 to November 15, 2014, and 20,648,610 won of F’s retirement pay of 10,608,930 won from January 2, 2010 to November 15, 2014, within 14 days from the date of the occurrence of the cause for payment, without any agreement between the parties on extension of the due date.
Summary of Evidence
1. Partial statement of the defendant;
1. Each statement of E and F;
1. A written calculation of average wages and retirement allowances;
1. The attendance book in 2010, 2011, and 2012;
1. Application of Acts and subordinate statutes on the current status of attendance at work, November 2014;
1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense (the fact that wages are unpaid) and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that retirement allowances are unpaid).