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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The defendant is the representative director of (E) E located in Gyeongnam-gun C (State)D, who runs the vessel processing business using 50 full-time workers. A.
The Defendant in violation of the Labor Standards Act was serving in the above company from September 15, 2012 to November 16, 2012, and did not pay 10,543,300 won, including 2,050,000 won, monthly wage of workers F, retired on November 17, 2012, as stated in the attached crime list, within 14 days from the date on which the cause for payment occurred, without any agreement on extension of the payment between the parties.
B. The Defendant who violated the Guarantee of Workers' Retirement Benefits Act was serving in the said company on May 26, 201 through March 4, 2013, and for the same year.
3.5. G retirement allowances of 5,083,30 won, including two employees, did not pay 9,954,480 won in total within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date for payment, as described in the separate list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of F, G, and H;
1. Each criminal complaint and a petition;
1. Application of employment insurance tax investigation, certificate of registered matters, and statutes governing business registration;
1. Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each alternative fine for punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;