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Defendant shall be punished by a fine of 6 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On February 18, 2016, the Defendant was sentenced to one year and two years of suspension of execution, etc. at the Changwon District Court, for a violation of the Labor Standards Act, etc., and the judgment became final and conclusive on November 10, 2016.
The defendant is the representative director of the D Co., Ltd. in Changwon-si M&S C, who employs 145 full-time workers and operates urban bus transportation business.
1. Any employer who violates the Labor Standards Act and the Guarantee of Retirement Benefits for Workers E, shall, where the workers die or retire, pay wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the amount of KRW 2,008,650 and retirement allowances of KRW 5,317,449, respectively, within 14 days from the date of retirement, which is the date of the occurrence of the payment cause, without agreement between the parties on the extension of the payment date, to the employees E’s annual paid leave allowances from February 12, 2013 to October 31, 2015.
2. Wages in violation of the Labor Standards Act shall be paid in full directly to workers in currency;
Provided, That where there are special provisions in Acts and subordinate statutes or an organization agreement, part of the wages may be deducted or paid by means other than currency.
Nevertheless, the defendant, who entered the above workplace on April 7, 1992 and worked as a bus driver in 2014, filed an amendment to the indictment to the effect that 1,69,100 won of the unused allowance in 2014 No. 333,820 won of the F's annual paid leave allowance in 2014 was amended to 33,820 won in 2014, and that 53 times the prosecution was revoked at the same time.
B and attached Form 1 (1) as indicated in No. 1,27,28,44,46,74 of the “amount of unpaid annual paid leave allowances for an individual”, the number of employees is six, as shown in Section 1,27,28,44,46,74.