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Defendant shall be punished by a fine of five million won.
If the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
The defendant is the representative director of D (ju) in Songpa-gu Seoul Metropolitan Government 5th floor C, and the user who runs a construction business with 15 regular workers.
Defendant shall work in a workplace from February 23, 2015 to May 15, 2019.
Retired E’s wages of 914,870 won, April wage of 1, 2018, 220 won, May wage of 794, 950 won, year-end refund of 2017, 2017, 207, 180 won, and 207, 180 won, and May 16, 2019.
The retired FF’s wages of KRW 4,017,210, April wage of KRW 4,186,520, May wage of KRW 1,894,320, year-end year-end settlement refund of KRW 1,254,480, and KRW 580,870 was not paid within 14 days from the date on which the cause for payment occurred, without any agreement between the parties on the extension of the due date for payment in 2017.
B. The Defendant did not pay the E retirement pay of KRW 8,313,793, and F’s retirement pay of KRW 29,696,569 within 14 days from the date of retirement without agreement between the Parties.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each of the relevant Acts and subordinate statutes;
1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;
1. Selection of a fine for the choice of punishment prescribed in Articles 40 and 50 of the Criminal Act (the amount of unpaid wages and retirement benefits, the health and economic conditions of the accused, etc.);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;