근로기준법위반등
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The defendant is the representative director of the C Co., Ltd. in Seo-gu, Seo-gu, 104 Dong 213.
1. Where an employer dies or retires, the employer shall pay wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, but the Defendant did not pay 3.5 million won of wages from September 15, 201 to August 15, 201 of the same month to the date on which 3.5 million won of wages from August 1, 201 to the date on which the date of payment was extended, without any agreement on the extension of the payment period.
2. Where an employer retires, the employer shall pay the retirement allowance within 14 days from the date on which the cause for such payment occurred, but the Defendant did not pay the amount of KRW 37,032,820 of the retirement allowance D employed in the said workplace during the said period without any agreement on the extension of the due date for payment.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police against D;
1. Application of statutes on calculation details of retirement allowance and transaction details of passbook transfer accounts;
1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;