근로기준법위반등
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is the third representative director of the Dispute Resolution Co., Ltd. in Ansan-si, who runs the manufacturing business using eight full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and 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 did not pay the total wages of KRW 3,00,00 in May 3, 2017, the wages of KRW 3,000,000 in May 3, 2017, the wages of KRW 3,000,000 in June 2017, the wages of KRW 3,000,00 in July 2017, and the total wages of KRW 12,00,000 in August 3, 2017, and from March 2, 2017 to August 31, 2018, including the total wages of KRW 15,549,691 in August 3, 2018, without agreement between the parties concerned about the extension of the payment cause, within 14 days from the date of retirement without any agreement on the extension of the payment cause.
(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the date of payment may be extended by the agreement between the parties if special circumstances exist.
Nevertheless, the Defendant did not pay KRW 5,255,588 of E's retirement allowances working in the above workplace within 14 days from the date of retirement without agreement on the extension of the due date between the parties.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Application of Acts and subordinate statutes of D and E of each petition;
1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 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, the choice of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The order of provisional payment;