Text
Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the representative of Co., Ltd. in the fourth floor in the Gwangjin-gu Seoul Special Metropolitan City, who ordinarily employs three workers and operates the information service business.
1. 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 2,833,30 on June 2, 2014, monthly wages of KRW 2,833,330 on June 30, 2014, monthly wages of KRW 2,833,330 on July 1 of the same year, and KRW 2,833,33,30 on August 2 of the same year, and KRW 2,833,30 on August 3 of the same year without agreement between the parties to the extension of the payment date.
2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.
Provided, That the date of payment may be extended upon the agreement between the parties if special circumstances exist.
Nevertheless, the Defendant did not pay KRW 8,973,198 of retirement pay to E, who worked from February 15, 2012 to May 31, 2014, for 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Application of Acts and subordinate statutes of E’s report on delayed payment of wages and a written statement, D’s petition and written statement;
1. Relevant Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 109 (1) and 36 of the Act on the Selection of Punishment, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and selection of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 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;