Text
Defendant shall be punished by a fine of KRW 300,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The defendant is an employer who runs a waste disposal business in the name of the Si of Youngcheon-si E.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
The Defendant did not pay KRW 1 million in wages in November 2012, 2012, KRW 2 million in December 2012, and KRW 3 million in total at the above office without an agreement on the extension of the payment date between the parties concerned, within 14 days from the date of retirement, respectively.
Summary of Evidence
1. Court statement of the defendant (the date on which the eighth trial is made);
1. Partial statement of the witness F in the court;
1. Application of the standard labor contract (14 pages of investigation records), business registration certificate (28 pages of investigation records), copy of bankbooks (Investigation records No. 40 pages of investigation records) and Acts and subordinate statutes;
1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines
1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order
1. The summary of the facts charged is an employer who engages in the production of diversh machinery with the trade name of Youngcheon-si D Co., Ltd.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
The Defendant did not pay KRW 2 million in total, and KRW 10 million in total at the above office from July 201, 2012 to January 2, 2012 of F, who had worked from June 11, 2012 to January 2, 2013, within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned.
2. As to whether the Plaintiff and the Defendant agreed to pay in C at KRW 2 million a month as an employee of C Co., Ltd. (hereinafter “C”), this is consistent with the foregoing.