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 the Co., Ltd. (State), which is located in B.
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.
Nevertheless, the Defendant, at the above workplace from May 6, 2018 to May 25, 2018, did not pay KRW 2,579,280 in the wages of May 2018 to D retired from the said workplace, and did not pay KRW 15,407,469 in total to five workers within 14 days from the date of retirement without agreement on the extension of the due date between the parties, as stated in attached Table 2 to 4,7, and 8.
Summary of Evidence
1. Defendant's legal statement;
1. E’s written petition;
1. Application of laws and regulations in each simplified statement of D, F, G, H and I
1. Relevant legal provisions concerning facts constituting an offense and the choice of punishment, respectively, before being amended by Act No. 16270, Jan. 15, 2019
(a) The same shall apply;
Articles 109(1) and 36; Selection of fines
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 for the detention of a workhouse;
1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act
1. The summary of this part of the facts charged is the representative director of the Co., Ltd. (State) C, and the Defendant was working from March 1, 2018 to June 10, 2018 at the above workplace and did not pay the total of KRW 5,560,000 to E who retired from office in May 1, 2018, and the total of KRW 4,170,000 for wages in June 1, 2018, and KRW 5,560,000 for wages in June 1, 2018, as indicated in attached Table No. 1,5,55,6,6,9,100 for each of five workers, as stated in attached Table No. 1,5,830,289 for the extension of the payment date between the parties concerned, respectively, within 14 days from the date of retirement.
2. Determination
(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the former Labor Standards Act;
(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.
C. The above workers were not punished after the prosecution of this case.