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Defendant shall be punished by a fine of KRW 700,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
The defendant is a manager who is a director of the company C (the location of the head office of the company: D, purpose of Gunsan City: landscaping planting business, etc.) as a company director of the above company.
When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay the F’s wages of KRW 3,00,000, retirement allowances of KRW 5,99,99,99 on May 201, 2016, without agreement between the parties on the extension of the payment date, at the site of gas pipes laid underground in the old Sea by the said company, from May 21, 2014 to May 19, 2016.
Summary of Evidence
1. The defendant's legal statement (as at the date of the second public trial, in the case);
1. Statement made by the police with respect to F;
1. Complaint;
1. Application of Acts and subordinate statutes, such as average wages and retirement allowances;
1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits (which shall not be paid for retirement);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;