근로기준법위반등
A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
(e).
Punishment of the crime
The defendant is a user who runs a game software development business using 62 full-time workers as the D representative director of the company located in the fourth floor of the building C, Dong-dong, Sungnam-si, Gyeonggi-do.
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.
Nevertheless, the Defendant did not make payment of the total wages of 26 workers as stated in the separate sheet No. 1, 8, 16, 18, 21, 25, 25, 28, 34 through 38, 42 through 45, 58, 50 through 54, 56, 57, 57, 62, and 6, 724, 082 (6, 25, 50, 525, 52, 54, 566), including the annual wage 4,29,67, and 6,724,082 (6, 25, 50, 524, 54, and 566) from each of the parties concerned with the extended payment date, within 14 days from the date of the agreement, as well as the annual wage 26,648,243 won and annual allowances from January 14, 2016.
2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.
Nevertheless, the Defendant, at the foregoing place of business, did not pay KRW 11,571,390 of E’s retirement pay from January 14, 2016 to October 15, 2018 within 14 days from the date of retirement without agreement between the parties to the extension of the due date, as stated in each of the detailed statement of the money and valuables in arrears in the attached Form No. 25, 28, 35, 35, 38, 50, 51, 52, 54, 56, and 57.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the replacement of the special judicial police officer for E;
1. Each written statement of F, G, H, I, J, K, L, M, N,O, P, Q, R and S;
1. T, U, V, W, X, Y.