근로기준법위반등
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Criminal facts
The Defendant is an actual operator of C (main) located in 707 in building B in Yeongdeungpo-gu Seoul Metropolitan Government, who operates a software development business. From November 1, 2013 to November 30, 2014, the Defendant was employed in the said workplace as well as D’s retirement pay of KRW 3,746,00 for each of the wages of October 1, 2014 and November 3,746,048, without any agreement between the parties on the extension of the payment date, and did not pay the total of five workers’ wages and retirement pay of KRW 62,803,667 within 14 days from the date of retirement without any agreement on the extension of the payment date between the respective parties.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of D, E, F, G, and H;
1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;
1. Articles 109(1) and 36 of the Labor Standards Act for criminal facts (not being paid by each worker);
(a) Article 44-1 and Article 9 of the Act on the Guarantee of Retirement Benefits for each worker (which shall be selected as imprisonment with labor);
O. Imprisonment selection)
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. As to the grounds for sentencing under Article 62(1) of the Criminal Act, in consideration of the amount of wages and retirement allowances in arrears, the details of the delay in payment of money and valuables, the Defendant’s mistake, and other conditions of sentencing as indicated in the proceedings of the pleadings in the instant case, including the Defendant’s age, sexual conduct, criminal records, and the circumstances after the crime, the suspended sentence of imprisonment was to be imposed against the Defendant as ordered.
It is so decided as per Disposition for the above reasons.