근로기준법위반등
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant is the representative of the (main) D in the 3th floor of the building of the medical city and is the employer who runs the construction business by employing six full-time workers.
1. The Defendant in violation of the Labor Standards Act did not pay KRW 780,00 in total wages of KRW 780,00 in October 1, 2013, and KRW 2,780,00 in December 2013, and KRW 2,780,780,00 in December 2013, and KRW 2,780 in January 2014, and KRW 2,780,780 in February 2014, and KRW 2,780,00 in March 31, 2014, and KRW 2,780,00 in March 2, 2014, and KRW 14,680,00 in total, as well as KRW 14,680 in March 3, 2014, without any agreement on the extension between the parties to a payment.
2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 29,673,641 of E's retirement allowances worked at the aforementioned workplace from August 1, 2003 to March 31, 2014 within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to copies of bankbooks, average wages and retirement allowances;
1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of alternative imprisonment with labor (to take into account the fact that the same type of crime has past records, the amount of overdue wages and retirement allowances, etc.);
1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that the defendant is against the recognition of all the crimes in this case, the background leading up to the delay in payment of the wage and retirement allowance in this case, and other factors such as the defendant's age, character and conduct, environment, motive for the crime