근로기준법위반등
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is a full-time worker with the trade name of D from the Jung-gu Seoul Metropolitan Government C3 to the 17th class worker.
When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, and if the worker retires, the employer shall pay the worker a retirement allowance within 14 days after the cause for such payment occurred.
Nevertheless, the defendant did not pay the wages of E,675,760 won and retirement allowances of E,17,186,161 won, respectively, when he/she worked in the above workplace from April 5, 199 to September 16, 2015.
Accordingly, the Defendant did not pay wages within the same period at the same time when he/she retired.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the examination of the police officers of the accused;
1. E statements;
1. Application of Acts and subordinate statutes concerning reasons for filing a petition, average wages, and retirement allowances;
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 (not being paid of retirement allowances);
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. Claims and determination by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act
1. According to the record of the argument that annual salary pay was made between the defendant and his employee, the annual salary contract entered into between the defendant and his employee is only the content of the basic salary, weekly paid allowances, retirement allowances, other allowances, food allowances, and full attendance allowances, and there is no stipulation as to annual allowances.
Therefore, the above assertion by the defendant and defense counsel is without merit.
2. Determination on the assertion that there is no obligation to pay retirement allowances since the amount including retirement allowances is paid when paying monthly wages.