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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a representative of the Dgas charging station in Seo-gu Incheon, Seo-gu, Incheon, who is a full-time worker and operates the automobile LPG gas filling business.
1. The Defendant in violation of the Labor Standards Act did not pay KRW 63,798 out of the wages of workers E retired from the said workplace from around April 1, 2010 to July 31, 2015, and did not pay KRW 42,795,743 of the total wages of five workers, as in the attached crime list (Attachment 1) as in the attached crime list (Attachment 1), within 14 days from the date of retirement, without agreement on the extension of payment period between the parties.
2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) did not pay KRW 824,383 out of the retirement allowances of workers E retired from the said workplace from April 1, 2010 to July 31, 2015; and (b) did not pay KRW 2,408,655, total amount of retirement allowances for four workers, as in the attached crime list (attached Form 2) as in the attached crime list (attached Form 2), within 14 days from the date of retirement, without any agreement on the extension of the payment date between the parties.
3. The Defendant violated the Minimum Wage Act, from August 1, 2012 to October 31, 2012, paid 4,366 won below the minimum wage to workers F, as well as the amount of money below the annual minimum wage to four workers, such as the attached list of crimes (attached 3).
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;
1. Statements made by special judicial police officers with respect to E, F, GH and I (Evidence No. 13);
1. Five copies of the detailed statement of payment of wages, four copies of the labor contract, D gas charging service regulations, wage ledger and detailed statement of wages, each telephone, etc. (Evidence List Nos. 30 through 33), report on the occurrence of wages, occurrence of wages, occurrence of annual paid leave and allowances, calculation basis of calculation of the unpaid retirement pay, and calculation basis of calculation of the total working hours of D gas charging stations and the amount of paid working hours, E. ar.