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Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
Around August 13, 2011, the Defendant, the representative director of C, entered into a contract with D (Representative E) and C, a stock company, stating that “A shall take over the change of the trading place, and D shall take over the entire employment of D workers, and C, a stock company shall take over the retirement pay as well as retirement pay as retirement pay for D’s employees, and C, a stock company shall succeed to the duty to pay retirement pay and pay it by C, if a ground for payment of retirement pay occurs.”
Therefore, the Defendant, the representative director of C, was obligated to pay the retirement pay to the employees of D during the period of their service in D Co., Ltd., and the employer should pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred when the employee dies or retires.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 4,790,770 of the retirement allowances of workers G who worked in C and D from August 28, 2009 to December 31, 201 at the place of business in the former North Korea F, within 14 days from the time when the cause for the payment occurred, as shown in the list of crimes in the attached Table, to the total of KRW 39,277,180 of the retirement allowances of 12 workers who worked in C and D as shown in C and D, as shown in the list of crimes in the attached Table, within 14 days from the time when the cause for payment occurred.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of police statement of H and E;
1. Application of Acts and subordinate statutes to a contract for modification of trading relations, written consent for employment succession, and written undertaking of business;
1. Article 109(1) and Article 36 of the Labor Standards Act and Articles 109(1) and 36 of the same Act concerning criminal facts;