beta
Text
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a representative of E in Jeonnam-gun, who is an employer who runs a medical care and welfare service business for older persons with six regular workers at all times.
When a worker dies or retires, the employer shall pay the wages, compensations, and 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 if special circumstances exist.
Nevertheless, the Defendant did not pay the sum of G’s wages of 368,850 won from June 10, 2019 to August 31, 2019, wage of 795,000 won on June 6, 2019, wage of 1,850,000 won on July 1, 2019, wage of 1,850,850,000 won on August 2019, and the total amount of G’s wages of 3,68,850 won from May 27, 2019 to September 30, 2019, wage of 1,850,000 won on August 1, 2019, wage of 1,850,000 won on July 1, 2019, 1,80,500,000 won on retirement allowances of 2036,637,205.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the F and written statements to the Acts and subordinate statutes;
1. The Defendant asserts that the pertinent statutory provisions on criminal facts and Articles 109(1) and 36 of the Labor Standards Act regarding the choice of punishment do not intentionally pay the charges, even though recognizing the facts charged, and that the Defendant was unable to pay the wages by reason of the occurrence of fraudulent damage and provisional seizure in the course of the process of the business, etc. However, the record shows that the Defendant merely appears to have been paid wages and retirement allowances upon the completion of the relevant civil litigation, and that the Defendant made efforts to pay wages and retirement allowances to the maximum extent possible in order to promote the stability of the lives of retired workers.
It seems that there is a clear presentation of the future repayment plan and a consultation with workers in good faith.