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Defendant shall be punished by a fine not exceeding 2.5 million won.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Reasons
Punishment of the crime
The defendant is the actual manager of the LABD, which is in the Republic of Korea, and is a user who ordinarily employs about 10 workers and engages in Do retail business.
(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 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 did not pay KRW 15,659,677, respectively, within 14 days from the date of retirement, which is the date of the occurrence of the payment cause, as well as KRW 2,50,00,00 for January 1, 2016, which had worked in the said workplace from August 1, 2014 to February 29, 2016, as well as KRW 15,659,67, as shown in the attached crime list.
(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 14,580,392 in total for four employees as well as KRW 4,212,181 in E retirement pay from August 1, 2014 to February 29, 2016 at the above workplace, as well as KRW 14,580,392 in the annexed crime list, without an agreement between the parties on the extension of the payment deadline between the parties, within 14 days from the date of retirement, which is the date of the occurrence of the payment cause.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the special judicial police officer with respect to E and F;
1. Details of confirmation of fact, such as telephone (G);
1. Application of Acts and subordinate statutes on a petition;
1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (only between the violation of the Labor Standards Act for G, F, and E and the violation of the Workers' Retirement Benefit Security Act).