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Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
The Defendant, as the representative of the “D Teaching Institute” in Kuju City, is an employer who has been engaged in educational service business using 14 regular workers.
The Defendant, from February 6, 2012 to October 11, 2013, did not pay the amount of KRW 830,000 and retirement allowance of KRW 2,962,114 to 14 workers, as stated in the list of crimes in the attached Table, within 14 days from the date on which the cause for payment occurred, as stated in the list of crimes in the attached Table, to 14 workers, as well as the amount of KRW 72,014,078, total amount of wages and retirement allowances to 14 workers.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Each statement of G, H, I, J, K, L, M, E, N,O, P, Q, and R;
1. Application of Acts and subordinate statutes on each statement of average wages and retirement allowances, statement of passbook, and statement of transactions;
1. Article 109 (1) and Article 43 of the Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, each of the relevant laws on criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of a fine for choosing a punishment (the decision of a fine shall be made in consideration of the fact that the remaining workers except for the worker R have received all the overdue wages and retirement allowances in the voluntary auction procedure for apartment buildings owned by the defendant, the defendant appears to have a attitude to repent in depth by recognizing his mistake, and that the defendant has no special criminal punishment before the instant case);
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 to attract a workhouse;
1. Article 334 (1) of the Criminal Act of the Provisional Payment Order;