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Defendant shall be punished by a fine of KRW 1,500,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The defendant is the E representative in Bupyeong-gu Incheon Metropolitan City, who runs a construction business using 15 full-time workers.
1. The Defendant did not pay the F retirement allowance of KRW 5,982,720, which was worked from July 1, 2006 to July 17, 2012 at the same place of business within 14 days from the date of retirement without any agreement on the extension of the payment date.
2. The Defendant did not reach an agreement on the total of KRW 1,00,00, monthly wage of KRW 1,000,000, monthly wage of KRW 1,000,000, monthly wage of KRW 1,000,000, monthly wage of KRW 533,330, monthly wage of KRW 330,53330, monthly wage of KRW 930, November 9, 2011 by G from November 1, 201 to July 5, 201, to pay KRW 2,60,00,000, monthly wage of KRW 2,340,00, monthly wage of KRW 6 months, KRW 1,750,00, KRW 750,000, KRW 750,40, KRW 740,000, and KRW 230,000, monthly wage of KRW 3039,319, respectively.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness G and F;
1. Each protocol of examination of witness G or F;
1. The statement of each police officer made to F and G;
1. Application for efficiency benefits, ledger of output of daily employed workers, written estimate, written request for each estimate, and application of statutes governing work certificates;
1. Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, each of the relevant laws on criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (F in violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits);
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 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. As to the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act, the defendant and his defense counsel shall be subject to the proviso of Article 1 of the Addenda to the Act on the Guarantee of Workers' Retirement Benefits (Act No. 7379) with respect to the business in which not more than four workers are employed.