근로기준법위반등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant of "2019 Man-Ma8131" is the representative of corporation C in Seo-gu Incheon, Seo-gu, Incheon, who runs the manufacturing business using six regular workers.
1. When a worker retires, the employer in violation of the Labor Standards Act shall pay all money and valuables, such as wages, within fourteen days after the cause for such payment occurred;
Nevertheless, the Defendant, at the above workplace from February 11, 2019 to July 26, 2019, did not pay KRW 2,100,000 for retired workers D’ wages of June 6, 2019, and KRW 1,761,290 for July 2019, and KRW 3,861,290 for total wages of KRW 3,861,290 for each of the parties concerned, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties concerned.
The Defendant is the representative director of the manufacturing chain C in Seo-gu Incheon, Seo-gu, Incheon, who has been in charge of the overall management of the company, such as the payment and management of the company employees' wages, and the payment and management of the fourth insurance premium.
1. Occupational embezzlement;
A. On February 2017, the Defendant arbitrarily used KRW 8,183,870, from the time when he/she arbitrarily used and embezzled KRW 242,390, out of the above money without paying it to the GEPS, in F’s wage, which is the employee of the above company, after deducting KRW 270,00,000, which is the employee’s contribution portion, from among the above money, the Defendant arbitrarily used KRW 8,183,870, which was deducted from the above F’s wage, until September 2019, as shown in attached Table 1.
B. On February 2017, the Defendant arbitrarily used KRW 7,530,810 of the total amount of the employee’s contributions deducted KRW 270,00,000 from the pension contributions in G wage, which is an employee of the above company, and embezzled by arbitrarily using KRW 242,390, out of the above amount without paying it to the Service, and from September 2019, the Defendant arbitrarily used KRW 7,530,810 of the total amount of the employee’s contributions deducted from the above G wage, as shown in attached Table 2, from September 2019.
2. Nullity of an indication of secret in the line of official duty.