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Defendant shall be punished by a fine of five million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is a person who operates an plant manufacturing business by employing 25 full-time workers as the actual management owner of the military (oil)D in the Si of Busan.
The Defendant is working in the foregoing workplace from December 4, 2012 to March 7, 2013.
In addition to the failure to pay KRW 4.2 million to retired workers E on January 2013, 2013, the total amount of KRW 49,507,975 of the eight wages of workers is not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date, as stated in the attached Table of Crimes List Nos. 7, 8, 10, 11, 20, and 20 through 23, and the said place of business is working from February 8, 2012 to February 28, 2013.
4,129,760 won of retirement allowance for retired workers F was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment.
Summary of Evidence
Defendant’s legal statement, application of each statute
1. Article 109(1) and Article 36 of the Labor Standards Act, Articles 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and selection of fines, respectively, concerning facts constituting an offense;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Summary of the facts charged regarding the dismissal of prosecution under Article 334(1) of the Criminal Procedure Act: The Defendant did not pay KRW 110,03,284, the total amount of wages of 15 workers, as stated in attached Table 1 through 6, 9, 12 through 19, within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned, and at the same place of business, from March 1, 2012 to March 31, 2013.
2,554,830 won of retirement allowance for retired workers B was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
Provided, That Article 327 subparagraph 6 of the Criminal Procedure Act