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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Criminal facts
The Defendant, as the representative of the KFA, is a user who has operated a private teaching institute business with nine full-time workers in the third floor of the Namyang-si.
The defendant works in the above workplace from December 20, 2010 to May 11, 2012.
The retired worker D's wages of 805,000 won for November 201, the wages of 1,202,320 won for December 201, the wages of 1,202,320 won for January 201, the wages of 1,202,320 won for February 2012, the wages of 1,202,320 won for March 201, the wages of 1,202,320 won for April 2012, and the wages of 853,320 won for May 2012, and retirement allowances of 1,797,90 won for 9,467,910 won for January 9, 201 without any agreement between the parties on the extension of the payment period.
The Defendant, including this, did not pay the total of 25,969,240 won of wages and retirement allowances of six workers within 14 days from the date of each retirement without agreement on extension of the due date, as stated in the attached list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E, F, and D;
1. A written statement of G, H and I;
1. A written calculation of average wages and retirement allowances for D;
1. Each written confirmation of delayed payment to H and I;
1. Application of Acts and subordinate statutes to confirmation of telephone, etc.;
1. Articles 109(1), 36 of the Labor Standards Act for criminal facts, Article 31 (wholly amended by Act No. 10967, Jul. 25, 201) and Article 9 of the former Guarantee of Workers' Retirement Benefits Act (wholly amended by Act No. 10967, Jul. 25, 201) and Article 109(1) and Article 36 of the Labor Standards Act are applied to the unpaid retirement benefits, but the prosecutor indicted for the unpaid retirement benefits. However, the Guarantee of Workers' Retirement Benefits Act was enacted by Act No. 7379, Jan. 27, 2005 and entered into force on Dec. 1, 2005; and Article 34 of the Labor Standards Act also amended that “the retirement benefits system that an employer pays to a retired employee shall be governed by the Guarantee of Workers' Retirement Benefits Act.”