Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[2015 Highly 4088] The Defendant is an employer who runs a machine manufacturing business using eight full-time workers under the trade name of Da from Busan Young-gu B.
When an employee retires, the employer shall pay all money and valuables, such as wages, within 14 days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be fixed by an agreement between the parties.
Nevertheless, the Defendant did not pay the total amount of KRW 19,715,564 of the wages of four retired workers within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date of wages, as shown in the attached Table 1, including the amount of KRW 2.7 million for May 2015 of the amount of wages of KRW 2.7 million to the employee D who worked as the contact source from April 10, 2014 to June 1, 2015 at the above workplace.
[2015 High 4401] Defendant Company did not pay KRW 11,973,101, total wages of three retired workers within 14 days from the date of retirement without agreement between the parties on the extension of the payment date of wages between the parties, as well as KRW 2,729,220, February 2015, which was worked as the contact source from September 14, 2014 to April 3, 2015 at the said workplace.
Summary of Evidence
[2015 High Court Decision 4088]
1. Statement by the defendant in court;
1. Statement made by the police with respect to D, F and G;
1. A petition prepared by H (a letter of payment of additional benefits, and a statement of wages in May 2015) / [2015 high class 4401];
1. Statement by the defendant in court;
1. Two-time suspect examination protocol against the defendant (the current status of the payment of additional pension, the ledger for the payment of pension for February, the ledger for the payment of pension for March, the ledger for the payment of pension for April, and the ledger for the payment of pension for April);
1. Statement made to I by the police;
1. Application of the respective Acts and subordinate statutes of E and J;
1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (1) and 36 of the same Act;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.