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1. The defendant shall be punished by a fine of 2,500,000 won;
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the representative director of C, which is located in Bupyeong-si, Nowon-gu, Seoul, who is an employer who uses 56 full-time workers and operates a manufacturing company such as 3D multi-level landscape.
From August 17, 2015 to November 1, 2015, the Defendant did not pay three workers’ wages and retirement allowances within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline between the parties concerned, as shown in Nos. 6, 10, and 17 of the attached Table of Crimes, including that three workers’ wages and retirement allowances were not paid within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties concerned.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect against the defendant;
1. Application of Acts and subordinate statutes to the personal details of arrears, each average wage and retirement allowance calculation statement attached to the E’s statement, and each benefit ledger;
1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (a point of payment of unpaid wages);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the violation of the Labor Standards Act by the F and the violation of the Labor Standards Act by the Act on the Guarantee of Workers' Retirement Benefits);
1. Selection of each alternative fine for punishment;
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 part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment
1. The summary of the facts charged in this part of the charges is that the Defendant did not pay KRW 14,500,000 wages and retirement pay of KRW 3,792,971 from July 1, 2014 to November 1, 2015 of the employees G who worked in the said workplace and KRW 14,50,00 from the date of his/her retirement within 14 days from the date of his/her retirement without an agreement on the extension of the payment deadline between the parties, and that he/she did not pay KRW 14,792,971 from the date of his/her retirement as stated in the list of crimes in the attached Table Nos. 1 through 5, 7, 8, 9, 11 through 16, and 18 through 22