beta
Text
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 in Kimhae-si, who runs main water manufacturing business using 13 full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the defendant has worked as a factory site from July 20, 201 to September 23, 2013 at the above workplace.
As wages of KRW 2,760,00 for September 2013, and retirement allowance balance of KRW 1,689,930 for retired workers, and as production workers from February 24, 2013 to October 20, 2013 at the same place of business.
The retirement E's total amount of KRW 5,649,930, including the wage of KRW 1,200,000 for October 2013, is not paid within 14 days from the date of retirement, which is the date when the cause for payment occurred, without any agreement between the parties on the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. Application of the Acts and subordinate statutes to the complaint;
1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);
2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades violating the Labor Standards Act with respect to Workers D and violating the Guarantee of Workers' Retirement Benefits Act).
3. Selection of each alternative fine for punishment;
4. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act.
5. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse.
6. Article 334 (1) of the Criminal Procedure Act.