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1. The defendant shall be punished by a fine not exceeding 1.5 million won;
2. If the defendant does not pay the above fine, 10,000 won.
Reasons
Punishment of the crime
The defendant is an employer who runs a manufacturing business by ordinarily employing 13 workers under the trade name of D within the second factory located in Busan Seo-gu C in Busan Seo-gu.
When a worker retires, the employer shall pay the retirement allowance within 14 days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is in charge of production work from November 20, 204 to December 31, 2013 at the same place of business around January 2014.
The retirement allowance of retired E was not paid KRW 9,974,383 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the payment
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Application of Acts and subordinate statutes to average wages and retirement allowance calculation statement;
1. Article 44 of the Act applicable to facts constituting an offense, and subparagraph 1 of Article 44 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the same Act;
2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.
3. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.