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Defendant shall be punished by a fine of five 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 the representative of the D Co., Ltd. in Yangyang-si, Yangyang-si, who employs 11 full-time workers and operates automobile parts manufacturing business.
When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and other money or valuables within 14 days after the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned.
From December 14, 2007 to December 6, 2012, the Defendant served as the head of a Ban at the above D Co., Ltd.
The amount of wages, annual allowances, and retirement allowances to be paid to the retired victim E shall be 10,723,201 won in total, and from September 22, 2008 to December 31, 2012, the company shall work as the head of the Ban from September 22, 2008.
It did not pay KRW 20,033,670, total amount of annual allowances and retirement allowances to be paid to the retired victim F without any agreement between the parties on extension.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police interrogation of the accused (including E or F statement);
1. Each complaint;
1. Application of Acts and subordinate statutes to the specifications of wages, etc. not paid to the victims;
1. Relevant legal provisions concerning criminal facts, Articles 109(1) and 36 of the Labor Standards Act (the fact that each wage and annual allowance are not paid), Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that each retirement allowance is not paid), and the choice of fines;
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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act
1. The Defendant is the representative of the D Co., Ltd. in Yangyang-si, Yangyang-si, who employs 11 full-time workers and operates the automobile parts manufacturing business.
When a worker dies or retires, an employer shall pay wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.