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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 the representative of the Daegu-gu Building Section 605, who is a user who operates software development and service business using six full-time workers as the representative of the main office of the building located in Seoul-gu.
1. The Defendant violated the Labor Standards Act, while working in the said workplace from August 1, 201 to January 31, 2013, the Defendant did not pay the amount of KRW 1,085,840 on March 3, 2012 of retired workers D within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, and did not pay the total amount of KRW 11,869,372 within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned, as stated in the attached list of crimes.
2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 2,500,500,000 of retirement allowances of retired workers D, when working in the said workplace from August 1, 201 to January 31, 2013, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned, and did not pay the total amount of KRW 3,924,760 of retirement allowances of workers D and E within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each police protocol of statement to D and E;
1. Article 109(1), Article 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each alternative fine for punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;