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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, as the representative of the I Hospital located in Kimpo-si, is an employer who employs 25 full-time workers and engages in the medical service business. The Defendant did not pay KRW 1,635,092 of K wage of retired workers on or around November 30, 2015, within 14 days from the date of each retirement, without any agreement on the extension of the payment period between the parties.
Summary of Evidence
1. The defendant's legal statement (as at the date of the second public trial, in the case);
1. Statement by each police officer against J and F (List 8 through 11, 13);
1. A petition (List 3), a written statement (List 5);
1. Employment insurance inquiry (List 19), employment contract (List 20), wage payment confirmation (List 21), wage ledger (List 22), deposit transaction details (List 23);
1. Application of telephone fact confirmation (List 15)-related statutes;
1. Articles 109 (1) and 36 of the Act on the Standards of Employment and Selection of Punishment for Facts constituting an offense, and Article 109 (1) and (36 of the same Act;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The part dismissing public prosecution does not seem to have any record of criminal punishment, except for the confession of the reason for sentencing, reflectivity, and the previous conviction of a fine for this case, and the part on the delayed payment of wages in bad faith.
1. The summary of the facts charged is that the Defendant did not pay KRW 1,023,548 of C’s wages of workers retired from office around January 16, 2016, KRW 3,504,176 of D’s wages of workers retired from office around February 28, 2016, KRW 792,903 of E’s wages of workers retired from office around March 25, 2016, KRW 6,635,978 of F’s wages of workers retired from office around March 26, 2016, and KRW 1,080,645 of G’s wages of workers retired from office within 14 days from the date of each retirement without an agreement on the extension of the payment period between the parties.
2. Determination
(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;
(b) Crimes of non-violation of Intention: Article 109(2)(c) of the Labor Standards Act.