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A defendant shall be punished by a fine of 500,000 won.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
The defendant is an employer who operates a vessel processing business using 16 full-time workers under the trade name of Da in Gyeongnam-si.
The Defendant did not pay KRW 2,175,000, monthly wage of 2,175,000 to workers D who worked as a worker with a worker employed from May 2, 2014 to June 16, 2014 at the same workplace, and did not pay KRW 7,385,000, total amount of wages of 2 employees, as described in the attached Table No. 6 and No. 12, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Application of Acts and subordinate statutes to filing an accusation, a detailed statement of unpaid money and goods by individual, proof of closure, an average wage and retirement allowance calculation, a benefit ledger, a labor contract, and each petition;
1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act
1. The summary of the facts charged is an employer who runs a vessel processing business using 16 full-time workers under the trade name of 16 in Gyeongnam-si B.
The Defendant in violation of the Labor Standards Act did not pay 4,50,000 won as wages of June 2, 2014 to workers E who worked as a worker employed from May 2, 201 to July 21, 2014 at the above workplace, and did not pay 14 workers’ wages within 14 days from the date of retirement without agreement on extension of the due date between the parties concerned, as stated in the attached Table Nos. 1 through 5, 7 through 11, 13 and 16.
B. The Defendant violated the Guarantee of Workers’ Retirement Benefits Act: (a) the retirement allowance of the employee E who was employed as a worker with the worker from May 2, 201 to July 21, 2014 at the said workplace; (b) 15,786.