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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[2015 high-level 365] The Defendant is a representative of the Songpa-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd. (hereinafter “instant place of business”), who runs the wholesale and retail business using 12 regular workers. A.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay the total amount of KRW 300,000 paid in April 17, 200, the monthly wage of KRW 1,800,000 in May, 2012, and KRW 3,900,000 in June wage of KRW 1,80,800 in June, and KRW 3,90,000 in June wage of KRW 1,80,00 in June, without agreement on the extension of the due date between the parties concerned.
(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Nevertheless, the Defendant did not pay KRW 5,166,302 of G retirement pay from the above workplace from August 17, 2009 to June 30, 2012, and KRW 9,057,169 of H’s retirement pay from June 1, 2007 to June 30, 2012, within 14 days from the date on which the cause for the payment occurred.
[2015 High Court Decision 366]
A. The Defendant, at the instant workplace, did not pay KRW 17,114,708 in total amount of eight wages, including KRW 1,263,00 in May 2012, 201, who worked from May 1, 2012 to June 29, 2012 at the instant workplace, within 14 days from the date of retirement without agreement on extension of the due date between the parties concerned.
B. The Defendant, at the instant workplace, did not pay 12,781,000 each of the two retirement allowances, including 8,69,425 retirement allowances of J, who worked from January 2, 2009 to March 20, 2012, including 12,781,000 retirement allowances, within 14 days from the date on which the cause for such payment occurred.
Summary of Evidence
[2015 High Court Decision 365]
1. Defendant's legal statement;
1. The police statement concerning G;
1. The authenticity of H, and the letter of postal service of H 1.