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Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
The defendant is a representative of the C company located in B in B, who employs nine full-time workers and operates original packaging and processing business.
1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the defendant is working from April 30, 2012 to November 27, 2013 at the above workplace.
A retired D’s wage of 1,415,450 won on October 2013, and wage of 1,185,270 won on November 201, 2013, and work from May 14, 2012 to November 27, 2013.
The retired E's wages of 1,430,060 won on October 2013, and wages of 1,135,380 won on November 201, 2013 (2 workers' total wages of 5,16,150 won, nationality: Indonesia) were not paid within 14 days from each retirement date without agreement between the parties on the extension of the due date.
2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the date of payment may be extended according to the agreement between the parties in special circumstances.
Nevertheless, the defendant is working from April 30, 2012 to November 27, 2013 at the above workplace.
Retirement allowances of retiredD 712,960 won, and from May 14, 2012 to November 27, 2013
The retirement allowance of the retired E was not paid 834,410 won (a total of 1,547,370 won for two employees) within 14 days from the date of each retirement without agreement between the parties on the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the agent’s written statement prepared by the F;
1. Application of each statute described in the salary statement (D), retirement allowance calculation statement (D), salary statement (E), and retirement allowance calculation statement (E);
1. Each worker under Articles 109(1) and 36 of the Labor Standards Act (the point of payment of wages) and each worker in relation to criminal facts; and