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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, as the representative of the “A farm” in Seosan-si, is an employer who runs an agricultural business with two full-time workers.
1. Wages in violation of the Labor Standards Act shall be paid in full directly to workers in currency;
Provided, That where there are special provisions in Acts and subordinate statutes or an organization agreement, part of the wages may be deducted or paid by means other than currency.
Defendant (i) worked in the said workplace from June 25, 2015 to August 25, 2017, and paid wages in August 2017 to foreign workers C and D of Cambodia’s nationality, and (ii) did not pay the full amount of wages by deducting KRW 700,000,000 from June 25, 2017 to August 2017.
2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires.
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Defendant did not pay KRW 487,791 and KRW 1,234,631, which are part of retirement pay of foreign workers C of Cambodia’s nationality, in the said workplace from June 25, 2015 to August 25, 2017, within 14 days from the date of retirement without agreement between the parties on the extension of the payment period between the parties.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by C or D police;
1. A copy of employment contract;
1. A daily working ledger;
1. The defendant asserts that there was no intention in violation of the law, since he did not have any way to deduct the amount of retirement allowances from his wages due to the absence of contact with the retired workers, and that he did not pay retirement allowances from the Employment and Labor Agency until the determination of retirement allowances was made due to the lack of the duty and amount of the retirement allowances of the retired workers.
However, the defendant himself has not paid wages within 14 days from the date of his retirement.