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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
The defendant is a user who employs six full-time workers and operates a D cafeteria in the same place as C representative director in Mapo-gu Seoul Metropolitan Government as C corporation, and operates it jointly with E.
If a worker dies or retires, the employer shall, unless agreed by the parties concerned, pay all money and valuables, such as wages, within 14 days from the date of his/her retirement, but from November 15, 2017 to December 31, 2017, the employer did not pay 65,797,870 won in total for four workers, including 4,00,00 won in November 15, 2017 to F working at a D cafeteria, as listed in the following table, within 14 days from the date of his/her retirement.
The amount of wages in arrears of 15 November 15, 2017 to December 31, 2017; 6,064,516 won in total; 6,064,516 won in December 2017; 3,85,859,354 won in August 31, 2017; 4,764,00 won in total 0,764,00 won in October 4, 2017; 10,67, 207, 207, 106, 207, 207, 207, 205, 207, 106, 207, 207, 205, 207, 207, 305, 206, 207, 207, 305, 207, 207, 2017.
1. Examination protocol of suspect E by the prosecution;
1. Each police statement of the F, G, H, and I;
1. Each employment contract;
1. Application of statutes on contracts;
1. Relevant Articles of the Labor Standards Act and the choice of punishment concerning facts constituting an offense: Articles 109 (1) and 36 of the same Act;
1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment stipulated in the violation of the Labor Standards Act against H of the largest worker),
1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Provisional payment order: