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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
(2017 Highest 238) The Defendant is the actual representative of E Co., Ltd. in the South old Military Association D and runs accommodation business using 17 full-time workers.
The Defendant did not pay KRW 266,240 on March 28, 2016 of F, who was employed by the Defendant and worked for the said workplace from July 28, 2015 to December 23, 2016, the amount of wage of KRW 1.5 million on May 2016, the amount of wage of KRW 1.5 million on June 2016, the amount of wage of KRW 1.5 million on July 2016, the amount of wage of KRW 1.5 million on September 2016, the amount of wage of KRW 1.5 million on September 2016, the amount of wage of KRW 1.5 million on October 2016, the amount of wage of KRW 1.5 million on November 1, 2016, KRW 1.5 million on December 15, 2016, KRW 1.5 million on retirement allowance and KRW 1.5 million on the date of retirement without agreement between the parties concerned and the parties concerned within 14.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes to the average wages and retirement allowances, and a detailed statement of overdue wages;
1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor, Article 44 subparagraph 1 of the Act on the Guarantee of Workers' Retirement Benefits, and Selection of each fine for a crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Although the amount of wages in arrears in the sentencing of Articles 70(1) and 69(2) of the Criminal Act was not paid for a long period, efforts were made for the payment of wages to other workers, and the fact that the work has led to the failure of business.
In addition, the sentencing conditions, such as the age and environment of the accused, shall be determined by a fine like the order.
Dismissal of Public Prosecution (2016 Highest 2715)
1. The gist of the facts charged is that the Defendant is the actual representative of E Co., Ltd., Ltd., in the Southern-gun D, who runs accommodation business using 17 full-time workers.
The Defendant employed and worked for the Defendant from July 1, 2014 to June 11, 2016 at the same place of business, as wages of KRW 17,383,530, retirement allowances of KRW 4,442,026, and retirement allowances of KRW 4,42,026, and KRW 1,014,00 from October 1, 2015 to July 11, 2016.