Text
Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The defendant is a representative D in Hanam-gun C, who is an employer who employs 16 full-time workers and operates resignation and painting business.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant is serving as the head of the company after entering the above workplace on July 18, 1997.
The amount of KRW 4,315,99, totaling KRW 1,201,99, monthly wage of August 1, 2012, and KRW 3,114,00 for November, 201, which was retired on December 1, 2012, was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the due date.
(b) Where a worker retires, the employer shall pay the retirement allowance within 14 days after the cause for such payment occurred;
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the defendant is serving as the head of the company after entering the above workplace on July 18, 1997.
On December 1, 2012, the difference in the retirement pay of E retired on December 1, 2012 was not paid KRW 3,573,169 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 to the payment
Summary of Evidence
1. Defendant's legal statement;
1. A witness F, G’s legal statement, and witness E’s partial legal statement;
1. Business registration certificate, a copy of employment rules, and a copy of wage ledger;
1. Notice of content certification;
1. Application of Acts and subordinate statutes on a provisional application for retirement allowance;
1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts, Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 44 subparag. 1 and 9 of the Act on Guarantee of Workers' Retirement Benefits, and Article 44 of the Act on Guarantee of Workers' Retirement Benefits are all unpaid wages, and retirement allowances are also paid.