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 of the D Hospital located in Gwangju North-gu, and is an employer who runs a health business using 120 full-time workers.
When a worker retires, the employer shall pay retirement allowances within 14 days from the date on which any cause for such payment occurred, unless otherwise agreed by the parties to the contract for extension of the due date.
Nevertheless, the Defendant did not pay 20,341,640 won, including E’s retirement allowance of 1,608,620 won, which worked from September 23, 2013 to October 16, 2014, within 14 days from the date of retirement without an agreement on the extension of the payment deadline, as described in the attached Table Nos. 1, 3, 4, 5, and 7.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes of E, etc.;
1. Article 44 of the Guarantee of Workers' Retirement Benefits Act applicable to facts constituting an offense and subparagraph 1 of Article 44 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The part concerning dismissal of prosecution under Articles 70(1) and 69(2) of the Criminal Act for the confinement of a workhouse;
1. The summary of the facts charged is the representative of the D Hospital located in Gwangju Northern-gu C, who ordinarily employs 120 workers and operates health business. A.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date.
Nevertheless, the Defendant did not pay 3,400,000 won as wages from July 5, 2014 through September 8, 2014 to September 9, 2014, to 14 days from the date of retirement without agreement between the parties to the extension of the due date.
(b) Where a worker retires, the employer shall pay retirement allowances within 14 days from the date on which any cause for such payment occurred, unless there exists an agreement between the parties on extension of the due date.