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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the representative of Gangnam-gu Seoul Metropolitan Government C building and E company in subparagraph d, who runs real estate redevelopment business using ten regular workers.
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 working from December 27, 2018 to January 14, 2019 at the above workplace (G Housing Redevelopment and Improvement Project Association located in the third floor of Incheon-gu F building).
A retired worker H’s wage of 1,950,000 won in January 2019, and work from December 27, 2018 to January 14, 2019.
A retired worker I paid the total of KRW 3,900,000,000 to two workers, including the wage of KRW 1,950,000 in January 2019, respectively, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police of H (the representative of the appellant);
1. Application of Acts and subordinate statutes to the details of overdue payments;
1. Article 109 (1) and Article 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019; hereinafter the same shall apply) applicable to the relevant criminal facts and the selection of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for confinement in a workhouse (where a sentence of suspension of execution of punishment becomes invalidated or revoked and the defendant does not pay a fine);
1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution is exempt from the obligation of the Defendant to pay wages to the workers who work in his workplace.
Considering that wages are core elements that guarantee the basic life of workers, the accused's liability is not less complicated.
On the other hand.