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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is a person who employs one full-time worker in Jongno-gu Seoul Metropolitan Government and operates F.
The Defendant worked for the said company from June 20, 2014 and June 23, 2014 to August 24, 2014, and paid 3,209,735 won, including 216,129 won, in total, of the wages and allowances of retired workers G in June, 2014 and August 2014, as stated in the attached crime list, and 13 workers retired while working for the said company (hereinafter collectively referred to as “instant workers”), and did not pay 3,209,735 won, in total, within 14 days, from the date of the retirement of the instant workers, without any agreement between the parties on the extension of the due date.
Summary of Evidence
1. Legal statement of witness G, and part of witness H’s legal statement;
1. The police statement concerning G;
1. The defendant agreed to pay the 1.8 million won, 1.6 million won, 1.6 million won, 1.5 million won, 1.5 million won, and 1.4 million won, for each worker in the course of concluding a labor contract between G himself/herself and other employees representing him/her and G on behalf of him/her for six to seven months, and 1.4 million won, and the fact that the defendant paid the 1.8 million won, 1.6 million won, 1.5 million won, and 1.4 million won per day, for each worker in the instant case, to pay the cl bargaining allowance to the worker in the instant case by the 2-month salary and July 24, 2014.
The facts charged of the instant case pertains to the monthly wage calculated by the instant workers for the number of working days, other than the period corresponding to the said two-month wage, as well as the clean bargaining allowance after July 25, 2014. The Defendant asserted to the effect that the instant workers paid only two-month wage without relation to the actual working days, and that the Defendant agreed to determine whether to pay the clean bargaining allowance according to the circumstances such as water rates. However, the Defendant and the instant workers’ partial statement of the witness H alone are sufficient enough to make such agreement.