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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
On August 10, 2016, the Defendant was sentenced to six months of imprisonment for fraud in this court, and the above judgment became final and conclusive on November 19, 2016.
The defendant is a user who runs the hanok Building Business with 20 regular workers in Seoul Central Government, Jung-gu 201.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
The Defendant is working from July 22, 2011 to November 30, 201 at the construction site of Hanyang-gun, Jeonyang-gun, Seoul, for the period from July 22, 2011.
A retired worker D’s 672,500 won of August 201, 201, wages of 1,722,500 won of October 201, and wages of 475,000 won of November 201, 201, and total amount of 2,870,000 won of wages of 2,870,000 won were not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any extension agreement between the parties
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. A petition, a work site, a wood construction contract, and a certificate of details;
1. Previous convictions: Criminal history, inquiry into criminal records, court rulings, and application of the Acts and subordinate statutes of search of cases;
1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;