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The sentence against the accused shall be determined by a fine of KRW 3,00,000.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
The defendant is the representative director of Gwangju Northern-gu building and the Dispute Resolution Co., Ltd. in 202, who runs the manufacturing business by employing 11 full-time workers.
1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay the total of KRW 45,124,60 of the wages of the retired workers within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date and KRW 45,68,20 of the total of KRW 7 of the wages of the retired workers, including KRW 4,706,180 in September 1, 2016, and KRW 475,124,60 in November 2016, and KRW 3,176,180 in November 2016.
2. An employer shall, if a worker retires, pay a retirement allowance within 14 days after the cause for such payment occurred;
Nevertheless, the Defendant did not pay the retirement allowances of Q Q 4,611,581 as the Deputy Director from August 3, 2015 to January 2, 2017, within 14 days from the date of retirement without agreement between the parties to the extension of payment deadline.
Summary of Evidence
1. Statement by the defendant in court;
1. Each petition of P, R, S, T, U,V, and Q;
1. Application of Acts and subordinate statutes to report internal investigation (determination of the money and valuables in arrear and verification of the genuine intent to punish);
1. Article 109 (1), Article 36 of the Labor Standards Act for Criminal Facts, and Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement benefits);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Inter-sections of the violation of the Labor Standards Act for Q and the violation of the Workers' Retirement Benefit Security Act);
1. Selection of each alternative fine for punishment;
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.