Text
Defendant shall be punished by a fine of KRW 3,000,000.
However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the representative of Co., Ltd. C in Daejeon Pungdong-gu B and II, and is an employer who operates information service business using ten regular workers.
When a worker dies or retires, the employer shall pay the wages, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That the date of payment may be extended according to the agreement between the parties in special circumstances.
Nevertheless, the Defendant worked for the aforementioned company from September 1, 2016 to February 28, 2019, and then retired workers D's wage of KRW 2,611,811 as well as four wages and retirement allowances, including E, F, D, and G, as described in the attached crime list, did not pay 52,985,831 won, respectively, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties.
Summary of Evidence
1. Defendant's legal statement;
1. Each written statement;
1. Each statement on delayed payment of wages;
1. 각 연봉계약서, 각 퇴직금 산정, 각 소득자별근로소득원천징수부
1. Application of Acts and subordinate statutes for inquiry into criminal records;
1. Article 109 (1) and Article 36 of the relevant Act concerning criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act;
1. Selection of selective fine;
1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;
1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is not smaller than the amount of accrued wages and retirement allowances.
However, it is completely different in that the other party's employees were responsible for a significant high-ranking position in the company, and in the case of the so-called Bened enterprise or Lone Star business company, it is a term used in the financial industry.