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Defendant shall be punished by a fine of KRW 700,000.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
The Defendant, as a representative of the cel, is an employer who runs the lodging business with eight regular workers at Kimpo-si D. From September 20, 2009 to May 6, 2012, the Defendant did not pay KRW 4,734,240 of the retirement allowances of retired workers E, within 14 days from the date of retirement without agreement between the parties on the extension of the payment period of money and valuables.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of the Acts and subordinate statutes on witness E’s legal statement;
1. The pertinent Article of the Act on the Guarantee of Workers' Retirement Benefits and the selective prosecutor of a punishment on the facts charged of this case were indicted by applying Articles 109(1) and 36 of the Labor Standards Act to the facts charged of this case, but the Act on the Guarantee of Workers' Retirement Benefits was enacted by Act No. 7379 on January 27, 2005 and enforced on December 1, 2005, and at the same time, Article 34 of the Labor Standards Act provides that "the retirement benefit system that the employer pays to the retired employee shall be governed by the provisions of the Guarantee of Workers' Retirement Benefits Act" shall apply to the employer's duty to pay retirement benefits after the enforcement date of the Guarantee of Workers' Retirement Benefits Act and the Guarantee of Workers' Retirement Benefits Act shall apply not only to the case where the employer fails to pay retirement benefits to the employee within 14 days from the date on which the cause for payment occurred (this part is the same as the crime and applicable provisions of law, and it shall not be deemed that the facts charged are the same
Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201); Selection of fines
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Judgment on the assertion by the accused and the defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order