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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is the representative of D Co., Ltd. in Busan Metropolitan City, who runs automobile parts manufacturing business using 17 full-time workers.
1. When a worker dies or retires, the employer in violation of the Labor Standards Act 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 is working in the company from November 1, 2013 to October 30, 2014.
The retirement E’s wages of KRW 2,731,50 were not paid, and the total wages of KRW 3,971,750 were not paid within 14 days from the date of retirement, as described in [Attachment] Nos. 1 through 6, 8, and 11, as well as in [Attachment] List Nos. 1 through 6, 8, and 11.
2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after any cause for such payment occurred; and
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant is working in the company from November 18, 2013 to April 23, 2015.
The retirement allowances of retired FF did not pay KRW 3,575,343 as well as KRW 3,55,6,190, as described in the separate list of crimes, did not pay KRW 8,129,190 for the total amount of four retirement allowances of employees within 14 days from the date of retirement, as described in the separate list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each authentic statement with respect to G and F;
1. Each authentic statement of E, H and I;
1. Written petition by J;
1. Application of Acts and subordinate statutes to the details of non-payment, etc. of persons who have retired from the military service, details of non-payment, and each retirement allowance calculation statement;
1. Articles 109(1) and 36 of the Labor Standards Act as to facts constituting an offense (the point of payment of wages) and each retirement benefit.