Text
Defendant shall be punished by a fine of KRW 2,500,000.
If the defendant does not pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is the representative director of the Dispute Resolution Co., Ltd., which is the building A, Jung-gu, Seongbuk-gu, Sungnam-gu, and the user who makes a construction design using six full-time workers.
1. The Defendant violated the Labor Standards Act with respect to D’s wage of KRW 100,00,000 from March 25, 2010 to March 24, 201, KRW 100,000,000 for April 2010, KRW 1000,000 for June 201, KRW 2,715,717 for January 201, and KRW 3,504,776 for February 201, and KRW 779,50 for March 2, 2011, and KRW 12,00,000 for extended payment period without agreement on extension of payment period.
2. The Defendant in violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act did not pay KRW 3,393,528 from February 9, 2009 to September 30, 201, the wages of E employed in the said workplace from February 9, 201 to September 30, 201; KRW 3,204,113; KRW 3,209,208 from April 2, 201; KRW 3,207,653; KRW 3,207,653; KRW 376,376,213; KRW 3,439; KRW 915; KRW 3,16,93; KRW 236; KRW 783; KRW 783; KRW 153; and KRW 4,483; and KRW 194; and the date of the payment has been extended within the agreed date without agreement;
3. The Defendant in violation of the Labor Standards Act with respect to F was not paid KRW 1,353,390 as wages of F employed from February 1, 2009 to May 31, 201 at the above workplace, within 14 days from the date of retirement without any agreement on extension of the payment term, for the period from January 1, 2010 to December 1, 2010, KRW 1,353,390 as wages of F, and KRW 16,240,680 as wages of December 1, 2010.
Summary of Evidence
1. Defendant's legal statement;
1. Application of respective Acts and subordinate statutes of D, E, and F;
1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act
1. The reason for sentencing of Articles 70 and 69(2) of the Criminal Act in the custody of a workhouse.