근로기준법위반등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant of "2016 Highest 243" is a user who runs a construction business by using 30 full-time workers as the representative of the R in the Si of Gun and Gun.
1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or 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 employed in the above workplace from November 1, 2009 to January 13, 2016 and did not pay the total of KRW 42,824,194 of wages for 10 workers within 14 days from the date of each retirement without any agreement between the parties on the extension of the payment deadline, as shown in attached Table (1) 1 to 9, 11 of the daily list of crimes, such as the total of KRW 10,274,194, etc. for 10 workers retired.
2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant did not pay 29,745,829 won of T retirement allowance of retired workers who worked as described in the above paragraph 1 at the above workplace within 14 days from the date of retirement without agreement between the parties on the extension of payment deadline.
The defendant of "2016 Highest 592" is an employer who runs a construction business by employing 30 full-time workers as the representative of the R (State) located in the North Gun/Gu of North Korea.
1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and extend the date by mutual agreement between the parties concerned, if any special circumstance exists;
Nevertheless, the Defendant from December 17, 2012 to December 2015.