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Defendant shall be punished by a fine of KRW 700,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is an employer who runs a vessel processing business using 13 full-time workers in the name of "K," in the name of "K" in the Gyeongnam-gunJ.
The Defendant had worked as a quality control agent from April 2, 2014 to June 13, 2014, and had not paid KRW 3,643,960, the sum of L's wages of KRW 2,503,800, M's wages of KRW 1,140,160, and KRW 3,643,960, which were retired from office, within 14 days from the date of each retirement without an agreement between the parties on the extension of the due date
Summary of Evidence
1. Defendant's legal statement;
1. Each written statement of L and M;
1. Application of Acts and subordinate statutes on salary specifications;
1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;
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 the detention of a workhouse;
1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act
1. The Defendant in the facts charged is an employer who runs a vessel processing business using 13 full-time workers in the name of "K," from Gyeongsung-gunJ. A.
The Defendant in violation of the Labor Standards Act did not pay 29,568,830 won, including B’s wage 1,199,960 won, which was retired from office as a proxy for quality control from April 2, 2014 to June 13, 2014, within 14 days from each retirement date, without any agreement on the extension of the due date between the parties concerned, as indicated in the attached Table Nos. 1 through 3, 5, 7, and 10.
B. The Defendant violated the Guarantee of Workers’ Retirement Benefits Act did not pay 46,750,710 won, including C’s retirement pay 3,222,010 won from February 1, 2013 to June 22, 2014, totaling 46,750,710 won of retirement allowances of six retired workers, as indicated in attached Table Nos. 2, 3, 7, 9, 9, and 11, within 14 days from each date of retirement without agreement on extension of the due date between the parties concerned.
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