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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is a user who employs 15 full-time workers as the representative of corporation D in the fifth floor of Jongno-gu Seoul Metropolitan Government, Jongno-gu, and operates a newspaper printing and publishing business.
1. 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;
Nevertheless, the Defendant did not pay the total amount of KRW 2,10,920 for workers E who retired while working in the said workplace from April 1, 2015 to June 21, 2017, KRW 536,280 for March 1, 2016, monthly wage of KRW 2,756,280 for June wage of KRW 2,756,280 for July wage of KRW 2,756,280 for night work and KRW 75,00 for night work, KRW 255,00 for August night work, KRW 180 for September night work, KRW 50,00 for night work, KRW 180,00 for October wage of KRW 30,00 for night work, KRW 180,00 for wage of KRW 180,00 for wage of KRW 30,000 for wage of KRW 130,300 for wage of KRW 12,319,214.37
2. An employer who violates 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; and
Nevertheless, the Defendant did not pay KRW 5,479,738 of retirement allowances E of workers retired while working in the above workplace within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the payment.
Summary of Evidence
1. Defendant's legal statement;
1. The petitioner's statement;
1. Application of Acts and subordinate statutes to confirmation of telephone, etc.;
1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter the same) regarding criminal facts; Articles 44 Subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act.