Text
A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 4,00,000 won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
The defendant is the actual representative who employs 70 full-time workers in Kimcheon-si Q and operates R, and the employer is the employer, and the employer shall pay all money and valuables, such as wages and retirement allowances, within 14 days after the cause for such payment, if the worker dies or retires.
The Defendant, on July 1, 2013, did not pay KRW 3,372,760, total annual salary and retirement allowance of S who retired from the said company, as well as KRW 90,119,887, total annual salary and retirement allowance of 22 employees retired from the said company, as described in the attached Form (1) R (R) Nos. 2, 5 through 8, 11 through 27, respectively, within 14 days from the date of retirement, without agreement on the extension of the due date between the parties.
The Defendant, on March 1, 2013, paid 39,807,740 won in total, including 3,450,000 won in total, of Telecommunication’s wages, retired from the said company on January 1, 2013 and February 2, 2013, as stated in attached Table 2 (R) (2), including 1,450,000 won in total, of four retired workers, including wages, annual allowances, and retirement allowances, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of the U, V, T, W, X,Y, and Z;
1. V accusation;
1. S each power of attorney;
1. Each petition of AA, S, 9 other than AB, AB, AC, V, AD, AE, AF, AH, AI, AJ, AK, AK, AL, AM, T, X, and Z;
1. Details of telephone conversations and reports on the receipt of data;
1. Application of Acts and subordinate statutes, such as details of calculation of average wages and retirement allowances, current status of arrears of each individual, copies of arrears of each employee, average wages, and details of calculation
1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and
1.Article 40 of the Criminal Code of Trade and Trade.