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Defendant shall be punished by a fine of KRW 500,000.
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 a representative of Gunpo-si building B and D, who runs a manufacturing business with nine regular workers.
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 in extenuating circumstances.
Nevertheless, the Defendant did not pay the total amount of KRW 3,116,129, as wages of KRW 2,100,000 in September 18, 2018, and KRW 1,016,129 in October 2018, which the Defendant worked at the said workplace from June 18, 2018 to October 15, 2018, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.
Summary of Evidence
1. Examination of the accused prepared by the special judicial police officer;
1. Statement E prepared by the Special Judicial Police Officers;
1. E-document;
1. Application of the Acts and subordinate statutes to report and correct the offender;
1. Article 109(1) and the main text of Article 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019); 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;