Text
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is the representative director of the Seoul Gangnam-gu Seoul Metropolitan Government Co., Ltd., who operates an advertising system with five regular workers.
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Nevertheless, the defendant is working from September 1, 2010 to October 31, 2013 at the above workplace.
Although the written indictment by two retired workers, such as wages of 4,140,000 won on October 2013, 2013, is stated as follows, the written indictment by two retired workers, as shown in the attached Table (i.e., the list of crimes), it is obvious that it is a misunderstanding of two persons, and thus, ex officio correction is made.
The parties concerned did not pay the total amount of KRW 5,790,000 within 14 days from each retirement day without an agreement on the extension of the due date.
2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Nevertheless, the defendant works in the above workplace.
The retirement allowance of retired workers D, including KRW 8,782,396, did not pay 12,656,118, respectively, within 14 days from the date of each retirement without any agreement between the parties on the extension of payment dates, as stated in the attached list of crimes, including KRW 8,782,396.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police petitioner's statement related to D and E;
1. Application of Acts and subordinate statutes to the authentic statement prepared by the F;
1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. The Criminal Act among concurrent crimes.