근로기준법위반등
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is the representative of (ju) Kucheon-si, Nowon-gu, 302, who runs a water quality and environment specialized business with four regular workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables 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, at the foregoing place of business, worked from May 1, 2012 to August 31, 2014, did not pay KRW 29,518,600 of the retired workers D wages and retirement allowances and KRW 7,544,40 of the retirement allowances within 14 days from the date of retirement without agreement between the parties on the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes of D's written statements and written complaints;
1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., a white and reflective fact, a fact that the payment of wages is deemed to have been made due to the aggravation of management, and an initial criminal fact);