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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant is a business operator who runs a vessel vessel processing business with the trade name of “D” in the territory of Tong Young-si, and is a business operator who runs a vessel processing business by ordinarily employing 14 workers within F (State) in E at the time of his/her movement.
When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the defendant is working as a funeral worker from December 7, 2016 to December 15, 2017.
As stated in the attached Form, G's total amount of KRW 4,032,00 for five workers, as well as KRW 880,000 in December 2017, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
An employer in violation of the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred.
Provided, That the date of payment may be extended by agreement between the parties in extenuating circumstances.
Nevertheless, the defendant is working as a funeral worker from December 7, 2016 to December 15, 2017.
The retirement allowance of the retired G was not paid KRW 13,510,312 in total, including KRW 2,166,711, as shown in the attached Form, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.
Summary of Evidence
1. Statement of the accused in the second protocol of trial;
1. Statement of the special judicial police officer with H;
1. Application of the relevant Acts and subordinate statutes to each written petition and written statement;
1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 of the Act on Guarantee of Workers’ Retirement Benefits.