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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 person who employs approximately seven full-time workers in Dongdaemun-gu Seoul Metropolitan Government and operates C Co., Ltd. as an electronic terminal service company.
1. The Defendant violated the Labor Standards Act did not pay KRW 1,420,50 in October 14, 2014 of the victim D, the sum of KRW 1,418,610 in February 2015, and KRW 3,624,690 in March 2015, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date between the parties.
2. The Defendant violated the Act on the Guarantee of Workers’ Retirement Benefits did not pay KRW 1,816,070 of the victim D’s retirement pay to a person who was employed while employed at the time and place specified in paragraph 1, within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties concerned.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Written statements of D;
1. Application of the Acts and subordinate statutes to the complaint;
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. 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;