근로기준법위반등
Defendant shall be punished by a fine of four 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 corporation D with the 7th floor of Gangnam-gu Seoul Metropolitan Government, who runs a study consulting business using five full-time workers.
1. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is working from July 1, 2010 to November 7, 2013 at the above workplace.
The retired E's wage of 4,904,478 won in October 2013 was not paid within 14 days from the date of retirement without an agreement between the parties to the extension of the due date.
2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is working from July 1, 2010 to November 7, 2013 at the above workplace.
Retirement pay of retired E 23,283,594, and 2. From July 4, 2012 to November 7, 2013
Retirement allowance of retired FF 2,344,172 won, ③ shall work from December 26, 201 to July 31, 2013.
The retirement allowance of retired G was not paid KRW 28,244,673 in total within 14 days from the date of each retirement without agreement between the parties to the extension of the due date for payment.
Summary of Evidence
1. Each legal statement of witness E, H and G;
1. Part concerning the statement of F in the protocol of examination of witness to F of this Court
1. Each written statement of E, F, and G, E, F, G, and H;
1. Application of Acts and subordinate statutes to employment contracts, certificates of bank transaction records, E's wage ledger (from January to October 2013), and copies of G's employment contracts;
1. Articles 109(1), 36(1), and 109(1), and 36 of the Labor Standards Act for criminal facts, respectively.