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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 is the representative of C Co., Ltd. (hereinafter referred to as 614) of the B B building D in light of his name, who is engaged in the service business (design and supervision) by using 35 full-time workers.
1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 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 did not pay the amount of KRW D’s wages of April 21, 2015 to June 20, 2017, including KRW 2,061,579 on April 2017, and KRW 2,064,939 on May 2, 2017, KRW 141,480 on the annual settlement refund at the end of 2016, and KRW 141,480 on November 1, 2012 through June 30, 2017, KRW 2,048,879 on April 20, 2017, KRW 2,048,879 on May 2, 2017, KRW 2,041,041,00 on the annual settlement refund at the end of 2016, KRW 866,0660 on each party’s retirement without agreement.
2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant did not pay the total amount of KRW 12,380,267 of the retirement allowances of the above worker D and E 8,976,422 of the retirement allowances of the above worker D and E within 14 days from the date of retirement in which the reasons for payment occurred without any agreement between the parties on the extension of the payment deadline.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to each fact-finding statement;
1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);
1. Trade name;