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Defendants shall be punished by a fine of five million won.
In the event that the Defendants did not pay each of the above fines, only 100,000.
Reasons
Punishment of the crime
The defendant of "2016 Highest 1800 (Defendant A)" is a business operator who employs 40 full-time workers as the representative director of (main) AD in the second floor of Mapo-gu Seoul Metropolitan Government building and operates human resources supply business.
1. An employer in violation of the Labor Standards Act shall pay all money or valuables, such as wages, within fourteen days after the cause for such payment occurred, if a worker retires;
Nevertheless, the Defendant, from April 18, 2013 to September 30, 2015, supplied human resources to and retired from a factory located in the Young-dong, Chungcheongnam-do, Chungcheongnam-do, and the Defendant did not pay KRW 2,227,421 in total within 14 days from the date of the occurrence of the cause for the payment without an agreement on the extension of the payment date between the parties, and did not pay KRW 1,653,723 won on September 1, 2015, wage of KRW 423,698, wage of KRW 150,000,227,421 as of September 1, 2015; and did not pay KRW 1,5,8,9,9,13,17,20,232,232,27, 278, 294, 315, 37, 314, 25, 297.
2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and
Nevertheless, the Defendant did not pay KRW 3,652,955 of the Workers AG retirement pay under paragraph 1 within 14 days from the date of the occurrence of the payment, without any agreement on extension of the payment date between the parties concerned, and did not pay KRW 50,26,93 in total for 13 employees, as described in the table of Attached Crimes Nos. 1, 5, 8, 9, 13, 17, 20, 22, 23, 27, 28, 34, and 35, respectively, within 14 days from the date of the occurrence of the payment, without any agreement on extension of the payment date between the parties concerned.
[Defendant B] 2016 Highest 2394
1. When an employer in violation of the Labor Standards Act retires, such employer;