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Defendant shall be punished by a fine of KRW 1,000,000.
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 in Ulsan Jung-gu, and is the employer who ordinarily employs five workers and operates the door-to-door distribution service business.
When an employer retires from office, he/she shall pay a retirement allowance within 14 days from the date on which any cause for such payment occurred.
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is serving as a substitute engineer from October 31, 201 to December 31, 2013 at the same place of business, as shown in attached Table 2, as shown in attached Table 2.
The retirement allowance of retired workers E was not paid KRW 7,438,800 within 14 days from the date of retirement without any agreement between the parties to the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. Written opinion, report on the offender, list of crimes, and each written petition;
1. Details of transactions of self-reliance deposits, statements of deposits trading, statements of average wages and retirement allowances calculation, instructions for correction of violations of labor-related Acts and subordinate statutes, and application of business registration certificates;
1. Article 44 of the relevant Act on criminal facts and Article 44 of the Guarantee of Workers' Retirement Benefits Act and the Selection of fines;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Determination of a fine under the order of a provisional payment order shall be made in consideration of the same criminal records as the sentencing of Article 334(1) of the Criminal Procedure Act, the suspension of qualifications or any heavier criminal records, the scale of unpaid retirement allowances, etc.;
Public Prosecution Rejection Parts
1. The summary of the facts charged is that the Defendant is the representative of D in Ulsan-gu, Ulsan-gu, and is an employer who ordinarily employs five workers and operates selective distribution service business.
When an employer retires from office, he/she shall pay a retirement allowance within 14 days from the date on which any cause for such payment occurred.
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.