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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a E representative in Ansan-gu D and 205, who is a full-time worker and operates beauty and art business with three full-time workers.
(a) 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 worked in the above workplace from January 3, 2009 to April 9, 2017, and retired from office on October 2014, as well as KRW 5,761,143, including KRW 71,766,00,00 in total, as stated in the calculation details of overtime work allowances in the attached Form, did not pay within 14 days from the date of retirement, which is the date on which the payment cause occurred, without any agreement between the parties on the extension of payment deadline.
(b) An employer shall pay a retirement allowance within 14 days after the cause for such payment occurred, in cases where the employee retires;
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the defendant worked in the above workplace from January 3, 2009 to April 9, 2017 and did not pay KRW 13,871,901 of the F's retirement pay to the above workplace within 14 days from the date of retirement, which is the date of the occurrence of the relevant payment cause, without agreement between the parties on the extension of the payment deadline.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. The data acquisition report (transportation card details) and data acquisition report (the defendant and his defense counsel) [the defendant and his defense counsel received a fixed class from January 2009 to work at a beauty room operated by the defendant from around January 2009, and the employment management guidance between the defendant and the defendant was terminated during the year 2013, and around that time, the name of F was changed, and the name of F was changed, and an incentive was paid every month when the amount exceeds the sales amount set in advance (2.6 million won).