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The sentence of sentence shall be suspended for the defendant.
Reasons
Punishment of the crime
The Defendant is the actual operator of C and D ships in Saml-si, who ordinarily employs 13 workers and operates a political network fishery. A.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is working as a secretary at the foregoing workplace from April 15, 2013 to November 1, 2018.
The retirement E's wage difference of KRW 2,129,030 on October 2018 was not paid within 14 days from the date of retirement without agreement between the parties to the extension of the due date.
(b) An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is working as a secretary on November 2, 2018 at the foregoing workplace.
The retirement allowance of retired E has not been paid KRW 16,10,340 within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Copy of business registration certificate;
1. Application of Acts and subordinate statutes governing confirmation of telephone and other facts;
1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Penalty fine of 2,500,000 won to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);
1. The fact that the Defendant under Article 59(1) of the Criminal Code paid the total amount of 18,229,370 won to the victimized workers during the instant trial.