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
The defendant is the representative director of C Co., Ltd. located in Chungcheongnam-si, who ordinarily employs 250 workers and operates both money and sales business.
1. When a worker dies or retires, the employer shall pay the wages, compensations, and other lump sum money and valuables within fourteen days after the cause for such payment occurred;
Provided, That the date may be extended by an agreement between the parties in special circumstances.
Nevertheless, the Defendant, while working in E located in Chungcheong Budget-gun from October 8, 2012 to January 22, 2014, did not pay KRW 5,719,933, including KRW 1,00,000 on December 12, 2013 for retired workers F, as well as KRW 1,00,000,00 on two retired workers, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.
2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the total of KRW 4,143,210 as shown in the attached list of crimes against two retired workers, including KRW 2,523,490, as well as KRW 2,523,490, within 14 days from the date of retirement, without any agreement on extension of the due date between the parties concerned.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each police protocol to G and F
1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where payment of retirement allowances is not made);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each alternative fine for punishment;
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 of the Criminal Act for the detention of a workhouse.