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Defendant shall be punished by a fine of 300,000 won.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
The defendant is the representative of Jongno-gu Seoul Metropolitan Government and the fourth floor (ju), who employs two full-time workers and operates an architectural design business.
1. The Defendant in violation of the Labor Standards Act did not pay KRW 8,510,530 to retired workers D within 14 days from the date of his/her retirement, without any agreement between the parties on the extension of the payment deadline, while working in the said company from February 1, 2013 to January 31, 2016.
2. The Defendant in violation of the Guarantee of Retirement Benefits for Workers did not pay KRW 5,840,210 to the above D within 14 days from the date of retirement without any agreement between the parties on the extension of the payment period.
Summary of Evidence
1. The defendant's legal statement (the fifth trial date);
1. Legal statement of the witness D;
1. Application of Acts and subordinate statutes to verify details, such as details of arrears, calculation statement of retirement allowances, and telephone calls;
1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement benefits);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;