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Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
The defendant is the D representative director of the Dispute Resolution Co., Ltd and the second floor, who is an employer who runs the heat manufacturing business using eight regular workers.
When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
The Defendant worked from January 2, 2017 to July 9, 2018 at the same place of business, and retired from the said place of business on January 1, 2018, and did not pay KRW 1,207,780 on February 2, 2018, wages of KRW 858,150 on March 2018, and retirement allowances of KRW 2,510,060 on March 2, 2018, within 14 days from the date on which the cause for payment occurred, without agreement between the parties to an extension of the due date.
Summary of Evidence
1. Application of the Acts and subordinate statutes to each of the defendant's written statements E and F;
1. Article 109 (1) and Article 43 of the Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning facts constituting an offense;
1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334(1) of the Criminal Procedure Act of the provisional payment order provides that the Defendant is the representative director D, who is in father-si C and 2, and operates a heating machine manufacturing business using eight regular workers.
When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
The Defendant works in the foregoing workplace from February 4, 2016 to March 31, 2018, and from August 20, 2018 to August 9, 2019, and retired from the workplace as wages of KRW 302,500.