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Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant, as the C representative director in the Gu and America City C, is an employer who has run a service business using 14 full time workers.
1. The Defendant in violation of the Labor Standards Act did not pay KRW 2,029,725 of the D’s wages in August 2015, 2015, which worked as two manufacturing and producing members at the aforementioned workplace from November 1, 2014 to October 14, 2015, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, and did not pay KRW 26,251,110, total wages of five workers within 26,251,110 from the date of retirement without an agreement on the extension of the due date between the parties concerned.
2. On October 15, 2015, the Defendant violated the Guarantee of Workers’ Retirement Benefits Act, including the fact that the Defendant did not pay KRW 4,293,434 of the retirement allowances of the employee E retired from the said workplace within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned, and did not pay KRW 12,269,020 in total for three employees’ retirement allowances within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Business registration certificate, details of delinquent money and goods for individuals, and calculation of wages ( November 14-15.10);
1. Application of Acts and subordinate statutes governing confirmation of telephone and other facts;
1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is a repeated crime for the sentencing of Article 334(1) of the Provisional Payment Order, and the amount of unpaid money is not specified, and the contractor is subject to a payment order against the contractor, but is not fully repaid until a considerable period of time after the crime.