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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 business owner who runs a fishery product processing business using six full-time workers under the trade name of corporation C, Co., Ltd. in Tong Young-si.
1. 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 in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the defendant employed in the above workplace on December 19, 2016 and worked as a soft farming shed worker at the above workplace on July 11, 2017, and the total amount of 24,240,642 won in arrears with four foreign workers, as shown in the attached crime list, including the amount of 1,403,987 won in March 201, 2017, and the amount of 24,240,642 won in arrears with four foreign workers, as shown in the attached crime list.
2. An employer shall, if a worker retires, pay the retirement allowance within fourteen 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 did not pay KRW 1,434,830 of the retirement allowances of four sale workers E, retired on April 27, 2017, within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of D, E, and F;
1. Each written petition;
1. Application of Acts and subordinate statutes concerning standard labor contract, details of settlement of accounts unpaid to the credit rating company, confirmation of changes in foreign workers' employment, details of unpaid wages, business registration certificate, employment permit for foreign workers, and income collection receipt from sources
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 Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);
1. Trade name;