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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 the representative of C Co., Ltd. located underground floor of the building B in Jung-gu, Seoul, and is an employer who runs food service business using two full-time 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;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant worked in the workplace of the foregoing company from August 1, 2012 to February 20, 2014, and retired workers D’s wages of 1,80,000,000 won on January 1, 2014, and wages of 1,285,714 won on February 2, 2014, and work for 3,085,714 won on April 2, 2012 to April 15, 2014.
Workers E who retired from office work for April 2014, 800,000 won of wages, and from April 25, 2013 to April 13, 2014.
On April 2014, 2014, F, three workers, including wage of KRW 300,00,000, did not pay KRW 4,185,714 in total within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to 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
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is working from August 1, 2012 to February 20, 2014 at the above company’s place of business.
Retirement allowance of retired workers D 2,413,680 won, and from April 2, 2012 to April 15, 2014.
The retirement allowance of retired workers E, including two,675,126 won, was not paid in 5,088,806 won in total within 14 days from the date of retirement, which is the date of the occurrence of the cause for such payment, without any agreement between the parties on the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. Each police officer for D, G, and E.