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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is the representative of the Dispute Settlement Bank D located in Geumcheon-gu Seoul Metropolitan Government Co., Ltd., and is an employer who runs the door-to-door sales business using two full-time workers.
When a worker retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurs.
Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 300,000,00 for the monthly wage of April 10, 2017, which was worked from April 10, 2017 to December 31, 2017, KRW 2,000,000 for the month wage of May 2017, KRW 500,000 for the July 2017, KRW 2,000,000 for the month wage of August 2017, KRW 1,100,000 for the month wage of September 200, KRW 2,000 for the month wage of December 31, 2017, KRW 2,000 for the month wage of November 20,007, KRW 2,000 for the month wage of December 20,000 for the month of December 20,017, KRW 10 for the retirement period of 100,010 for retirement.
Summary of Evidence
1. Defendant's legal statement;
1. E’s statement of statement and accusation;
1. Application of Acts and subordinate statutes on the attendance book, standard employment contract, and wage late payment certificate, 2018;
1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); the choice of fines for criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment include: (a) the Defendant recognized the instant crime and reflects the fact that the Defendant committed the instant crime; (b) the background and amount of delayed payment of wages; (c) the period of delayed payment; (d) the fact that there is no agreement with the victimized employee; and (e) the Defendant’s age, character and conduct, environment, relationship with the victimized employee; (b) the motive, means and consequence of