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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the representative of the Seoul Special Metropolitan City Gwangjin-gu D Co., Ltd. who employs 200 full-time workers and operates the production and installation of a joint venture in the E-site of the Chungcheongnam-gun, Chungcheongnam-do.
(a) An employer shall pay any money or valuables, such as wages, within 14 days from the date of retirement, unless the employer has agreed on the extension of the payment period between the parties concerned;
Nevertheless, the Defendant did not pay 21,122,083 won in total, including 3,215,160 won in the annual leave allowances of the F, which were retired from the said workplace, within 14 days from each retirement day without any agreement between the parties to the extension of payment due date, as stated in the attached Table, including the details of overdue wages.
(b) An employer shall pay a retirement allowance within 14 days from the date of retirement unless otherwise agreed by the parties on the extension of the day of payment, in cases where the employee retires.
Nevertheless, the Defendant did not pay KRW 324,040 of the retirement allowance of the said G workers within 14 days from the date of retirement without any agreement between the parties to the extension of the payment period.
Summary of Evidence
Defendant’s legal statement G, J, K, L, M, N, P, Q, R, and S each authentic labor contract (R, Q, G, J,J, N, N,O, M, M), calculation of retirement allowance calculation statement, calculation of retirement allowance calculation statement (G), M additional payment statement, and other facts confirmation facts related to telephone, etc. applicable to the law, and Articles 109(1) and 36 of the relevant Labor Standards Act; Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits; Articles 37, the former part of Article 38(1)2, and Article 50 of the Criminal Act; Articles 36(1)2, and 50 of the Act on the Punishment of Concurrent Crimes; Articles 109(1) and 36(1) of the Act on the Standards of Labor Standards; Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits; Articles 37(1)2 and 50 of the Act on the Punishment of Criminal Procedure