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1. The sentence shall be suspended against the defendant;
2. Violation of the Labor Standards Act against B and C among the facts charged in the instant case.
Reasons
Punishment of the crime
The defendant is the actual representative of the K-A-A-A-A-A-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant, while working in the above business establishment, did not pay KRW 923,737 of the F's wage for May 18, 2019 to the retired worker within 14 days from the date of his retirement, around May 18, 2019.
Summary of Evidence
1. Application of the accused’s written petition in C’s legal statement and F’s power of attorney Acts and subordinate statutes;
1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to the relevant criminal facts and Articles 109 (1) and 36 of the Labor Standards Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act (in cases of the inducement in a workhouse, 100,000 won per day);
1. The portion of dismissing the prosecution under Article 59(1) of the Criminal Act (the postponement of sentence: Fine of KRW 300,000,000,000,000,000,000,000,000)
1. The Defendant, as the real representative of the KM in the KMAD, is an employer who operates piping business using approximately ten workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant, while working in the said business establishment, was retired on May 18, 2019, paid KRW 252,400, and KRW 2,000,000 for the month of April 2019, and wage of KRW 2,00,000 for the month of May 18, 2019, and paid KRW 4,223,052 for two workers, including wage of KRW 1,70,000,00 for the month of April 18, 2019, and wage of KRW 270,850 for employees who retired on May 18, 2019, did not pay KRW 2,23,052 for each worker within 14 days from the date of his retirement.
2. Determination
(a) Crimes of non-compliance: Article 109 (2) of the Labor Standards Act;
B. Declaration of non-existence of punishment: B and C’s application for non-performance of punishment (Submission on February 3, 2020).