Text
Defendant shall be punished by a fine of 300,000 won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is an employer who runs a clothing delivery business using three regular workers at the trade name of B, without a separate office, while residing in the 101-406 location of B building in Yangsan-si.
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.
Nevertheless, the Defendant is in charge of the delivery of clothing from February 1, 2011 to September 30, 2012 at the above workplace.
In February 201, 201, wages of KRW 2,669,407, including wages of KRW 400,000, and wages of KRW 666,667, retirement allowances, and retirement allowances of KRW 1,602,740 in September 201, 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 agreement on extension between the parties concerned.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes to written complaint and petition;
1. Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 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;