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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
The Defendant is the user who is the representative of "F" in Sungnam-si E 305, Sungnam-si, who ordinarily employs 20 workers and operates software development business.
When a worker dies or retires, an employer shall pay the wages and retirement allowances within 14 days after the cause for such payment occurred, unless otherwise agreed by the parties concerned on the extension of the day of payment.
Nevertheless, the Defendant did not pay 21,892,895 won in total for two workers within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties, as stated in the attached crime list Nos. 2 and 4, and at the same time, did not pay 2,770,000 won in total for two workers’ retirement allowances within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties, as stated in the attached crime list Nos. 2 and 4, and at the same time, without any agreement on the extension of the payment date between the parties.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with H (the respondent's representative);
1. Each police statement made to G and I;
1. Application of the Acts and subordinate statutes of G’s written petition (including attached data);
1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts under the relevant Act, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (a violation of the Labor Standards Act);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment of Violation of the Labor Standards Act for G, Violation of the Guarantee of Workers' Retirement Benefits Act, and Punishment of Violation of the Labor Standards Act of which the punishment is heavier);
1. Selection of a fine for a violation of the Labor Standards Act for the selection of punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The Criminal Procedure Act of the Provisional Payment Order.