근로기준법위반
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The defendant is a business owner in Yeonsu-gu Incheon Metropolitan City D, which runs a land wholesale retail business with 14 full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant worked in the above workplace from September 19, 2018 to October 19, 2018, and retired E’s wages of 900,000 won in September 2018, as stated in the attached crime list, and did not pay 17,693,010 won in total for four retired workers within 14 days from the date when the cause for the payment occurred without any agreement between the parties on the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. A E-document;
1. Application of Acts and subordinate statutes on a petition;
1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment stipulated in the violation of the Labor Standards Act concerning G workers of the largest penalty);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is exempt from the obligation of the defendant to pay wages to the workers who work in his/her workplace.
In light of the fact that wages are core elements that guarantee the basic life of workers, so if they are not paid, there is a provision that the punishment should be imposed separately in the relevant Acts and subordinate statutes differently from the case of default in general.
Until now, some of the damaged workers are wages in arrears.