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Defendant shall be punished by a fine of one million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Summary of Evidence
The defendant is the representative of the Dispute Resolution Co., Ltd. in Suwon-si, which is a user who operates the restaurant business by using six full-time workers from the second floor of the Guro-gu Seoul Metropolitan Government D Building underground.
1. The Defendant violating the Labor Standards Act is working in the above workplace.
On November 17, 2012, E’s retired on November 17, 2012, payment of KRW 7,335,480 of the total money and valuables of seven retired workers was not made until 14 days from the date of retirement, without agreement between the parties on the extension of payment due date, as shown in the crime sight table, such as wages of KRW 740,000,000.
2. The defendant violating the Guarantee of Workers' Retirement Benefits Act is working in the above workplace.
On November 17, 2012, E's retirement pay 1,527,140 won of retirement allowance retired on November 17, 2012 was not paid until 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement
Summary of Evidence
1. Statement by the defendant in court;
1. Each petition of F, G, E, H, I, and J;
1. Each written statement of F, I, E, and J;
1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;
1. Article 109(1) and Article 36 of the Labor Standards Act (each point of payment of wages), Article 44 Subparag. 1 and Article 9 of the Act to guarantee retirement allowances for criminal facts;
1. Articles 40 and 50 (Offences of the Labor Standards Act against E, Crimes of Violation of the Guarantee of Workers' Retirement Benefits Act, Punishment on Crimes of Violation of the Labor Standards Act against E with heavier criminal standing, and Punishment on Crimes of Violation of the Labor Standards Act against E);
1. Selection of each alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.