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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant, in collaboration with B and C, operated E in the 109 North-gu building D in the Seo-gu, Seoan-gu, Seocheon-si, and operated a mobile phone sales business by using 20 full-time workers.
When an employee dies or retires, the employer paid wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, but the Defendant did not pay 4,031,150 won in total, including 300,000 won in December 20, 2012, and 4,031,150 won in the number of five workers, including 5 wages, within 14 days from the date of his/her retirement, without any agreement between the parties concerned.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol of interrogation of suspect B or C by each police officer, or a protocol of statement by G police officers;
1. Each written petition;
1. Application of a detailed statement of benefits and the statutes governing registration of business entities;
1. Article 109(1) and Article 36 of the relevant Act and the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017); Article 30 of the Criminal Act; and the selection of fines for negligence
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The issue was whether the statute of limitations has been completed on the first trial date of the judgment on the Defendant’s argument under Article 334(1) of the Criminal Procedure Act, and the Defendant appeared on the fourth trial date and made a statement to the purport of asking the result of the examination, and thus, the prosecution is deemed to have been concluded as having been in effect.
1. The summary of the argument was completed by the statute of limitations.
2. According to Article 109(1) of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017), a person who violates the duty to liquidate money under Article 36 of the same Act constitutes an offense subject to imprisonment for not more than three years or a fine not exceeding twenty million won, and Article 249(1) of the Criminal Procedure Act.