근로기준법위반등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
(e).
Punishment of the crime
The Defendant, as the representative director of the FF corporation in Seocho-gu Seoul Metropolitan Government, is an employer who employs seven full-time workers and operates software development and sale business.
1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;
Nevertheless, the Defendant did not pay the total of KRW 16,937,418 of the wages of workers G retired from the said workplace from around December 2, 2013 to December 1, 2014, including the payment of KRW 16,937,418, including the total of KRW 5,645,806, September 2014 by workers G, as well as KRW 43,568,778 of the wages of two workers, such as G and H, within 14 days from the date of retirement, without any agreement on the extension of the payment date between the parties.
2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred; and
Nevertheless, the Defendant did not pay KRW 5,583,074 of the retirement allowance of employees G retired from the said workplace from around December 2, 2013 to December 1, 2014, and did not pay KRW 10,764,880 in total, as stated in the list of crimes in the attached crimes, and H, within 14 days from the date of retirement, without any agreement on the extension of the payment deadline between the parties.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the suspect of the accused;
1. Each statement prepared by G and H;
1. Application of the Acts and subordinate statutes of the written petition prepared by G;
1. Articles 109(1) and 36 of the Labor Standards Act applicable to facts constituting an offense, as prescribed by the relevant Act, and Articles 44(1) and 9 of the Guarantee of Retirement Benefits for Workers;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.