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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The Defendant is an employer who employs 7 full-time workers in Mapo-gu Seoul Metropolitan Government 1st floor as “C” and operates a food service business.
When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay KRW 864,00 of the wages of February 2015 to workers D who worked from December 12, 2014 to February 11, 2015 at the above workplace within 14 days from the date of retirement without agreement between the parties on the extension of the payment due date.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes on deposit of benefit passbooks;
1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines
1. Penalty fine of 300,000 won to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);
1. Article 59 (1) of the Criminal Act (including the confession of the defendant, the fact that the defendant has paid the unpaid wages to workers, and other circumstances, etc. that led to the failure to pay the wages in the judgment);