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Defendant shall be punished by a fine of two million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is a corporate representative director Co., Ltd. in Mapo-gu Seoul Metropolitan Government 802, who runs a service (software development) business with nine full-time workers and is an employer.
1. The Defendant is working at the foregoing workplace as an agent for software development from August 13, 2007 to April 4, 2012.
D's wages of 2,620,530 won on January 201, 2012, wages of 2,620,530 won on February 2, 2012, wages of 2,569,320 won on March 3, 2012, wages of 337,700 won on April 2012, and wages of 8,148,080 won on April 1, 2012, and did not pay 20,681,40 won on the total amount of wages of 20,00 won on the date of the occurrence of the cause for payment without an agreement between the parties on the extension of the due date.
2. The Defendant is working at the foregoing workplace as an agent for software development from August 13, 2007 to April 4, 2012.
The retirement allowance of retired D shall be 12,969,914 won and the head of division from June 2, 2008 to July 9, 2012.
The retirement allowance of retired E was not paid KRW 15,507,613, total amount of KRW 28,477,527 within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes in part of the written statements in D and E;
1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts; Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (wholly amended by Act No. 10967, Jul. 25, 2011); and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (out of payment of retirement benefits to E);
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutually between a violation of the Labor Standards Act by worker and a violation of the Guarantee of Workers' Retirement Benefits Act);
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. Article 70 of the Criminal Act for the Detention of Labor House Head.