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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a C representative in both weeks, who runs a manufacturing business with 12 full-time workers.
1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is working from July 2, 2014 to December 31, 2018 at the above workplace.
D's total amount of wages of KRW 6,295,080, such as wages of KRW 1,573,770 on September 2018, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant is working from July 2, 2014 to December 31, 2018 at the above workplace.
The retirement allowance of 1,933,939 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of E or D;
1. Application of a written calculation of retirement allowance (No. 16 of the record of evidence), adjustment of overdue wages (No. 2 book of the record of evidence) (No. 30 of the record of evidence), application of Acts and subordinate statutes of employment contract (No. 2 book of the record of
1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to recognize all the facts charged in the instant case and to depth his mistake.