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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 actual manager of D Co., Ltd. in Haan-gun, Chungcheongnam-gun, who is an employer as a person in charge of the operation of plant manufacturing business with ten full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant, at the foregoing workplace, worked from August 18, 2014 to September 5, 2014, and retired from office, did not pay 23,905,000 won in total to 5 workers within 14 days from the date of retirement on which the cause for the payment occurred, as stated in the attached Form Nos. 3 to 7, including 13.60,000 won in total, as well as in the attached Table No. 3 to 2014, Aug. 18, 2014.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes prepared by the F;
1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;
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 (Article 334(1) of the Public Prosecution Act No. 1 and 2 of the annual statement of overdue wages of each person);
1. The summary of this part of the facts charged is that the Defendant is the actual manager of D Co., Ltd., Ltd., located in Gyeongnam-gun, and is an employer as a business operator who operates plant manufacturing business using ten full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.