근로기준법위반등
Defendant shall be punished by a fine of one 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 “F” corporation established mainly with golf consulting, etc. on the Gangnam-gu Seoul building and the fifth floor.
The Defendant did not pay the total amount of KRW 3,597,512 of the wages and retirement allowances of employees G who retired from office from office from around January 12, 2015 to April 16, 2016, within 14 days from the date of the retirement of the said employees, as in G, H, I, J, K, and L’s re-period Nos. 1, 2, 5, and 8 of the attached crime list No. 1, 2, 5, and 8 as well as in the agreement on the extension of the payment date between the parties concerned, without any agreement between the parties on the extension of the payment date.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Each statement and written statement;
1. Application of Acts and subordinate statutes to inquire about corporate registration;
1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment
1. The Defendant did not pay workers C, D’s wages and retirement allowances set forth in No. 3 and No. 4 of the List of Offenses in Attached Crimes within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.
2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the explicit intent of the victimized employee under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
In doing so, Workers C and D in this case.