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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On November 12, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution on April 7, 2017, and the judgment became final and conclusive on November 7, 2017.
On December 2, 2015, the Defendant was sentenced to a suspended sentence of 4 months for a violation of the Act on the Guarantee of Workers' Retirement Benefits in the Busan District Court's Dong Branch, and the judgment became final and conclusive on December 10, 2015.
The defendant is the representative of Seocho-gu Seoul Metropolitan Government E and 1202, who is a user who operates service business by ordinarily employing 100 workers.
1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay 19,648,90 won for five retired workers within 14 days from the date of each retirement without agreement on the extension of the payment deadline between the parties, as stated in the list of crimes in the attached Table, including the amount of KRW 1,30,00,00 of the G retired from the said place of business from November 20, 2014 to February 15, 2015, as well as the amount of KRW 1,30,00 in December 2014 of G retired from office.
2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay 11,030,020 won, including H’s retirement allowance of 1,587,640 won, retired from the said workplace from August 19, 2013 to October 4, 2014, within 14 days from each retirement date, without any agreement on the extension of payment deadline between the parties concerned, as well as the details of the attached crime list.
Summary of Evidence
1. The defendant's legal statement (second time);