Text
Defendant shall be punished by a fine of KRW 1,500,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The defendant is a D representative of the 7th floor of the Daegu Jung-gu C building, who is an employer who runs a healthcare business using 10 full-time workers.
When a worker 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 of payment may be extended according to an agreement between the parties in extenuating circumstances.
Nevertheless, the defendant is working from November 1, 2012 to May 20, 2013 at the above workplace.
The retired E’s wages of KRW 7,964,830, including KRW 2,782,560 in April 2013, were not paid respectively within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date of money and valuables, as shown in the attached list of crimes.
(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.
Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.
Nevertheless, the defendant is working from September 13, 2010 to May 20, 2013 at the above workplace.
Withdrawn F retirement pay of KRW 3,866,388 was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date for payment of money and valuables.
Summary of Evidence
1. The defendant's legal statement (the statement on the 9th trial date);
1. Each legal statement of witness E, G, H, I, J, K, and F;
1. Statement of the police statement of E;
1. Standards for wages and incentives for year 2013, details of P.T, worker certificates, and the result of calculation of retirement allowances;
1. Application of Acts and subordinate statutes to investigation reports (Submission of Details of the Account Transactions in K with the victim), the details of K account transactions, and investigation reports (the complainant E and the complainant's partial revocation of the complaint);
1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, the choice of punishment, and the payment of retirement allowances under Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act.