근로기준법위반등
A defendant shall be punished by imprisonment with prison labor 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 of "2019 Highest 3003" is a user who operates D Co., Ltd. in Gyeyang-gu Seoul Metropolitan City.
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Nevertheless, the Defendant did not pay the total of KRW 8,968,816 of workers as shown in the attached Table 1, 3 as well as KRW 633,33 of E’s wage working at the aforementioned workplace from April 1, 2012 to May 21, 2018, within 14 days from the date of retirement, without an agreement on extension of the due date.
2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Nevertheless, the Defendant is a clerical error in writing in the amount of KRW 21,431,506 of the facts charged charged of E retirement allowance of KRW 21,431,506 from April 1, 2012 to May 21, 2018.
B The payment was not made within 14 days from the date of retirement without agreement on extension of the due date.
"2019 Highest 3389"
3. The Defendant is an employer who operates a construction company D Co., Ltd. in Goyang-gu F and G.
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.
Nevertheless, the Defendant, while working from November 5, 2018 to December 15, 2018, did not pay the aggregate of H’s wages 5,228,887 won within 14 days from the date of retirement without an agreement on extension of the due date.
Summary of Evidence
"2019 Highest 3003"
1. Statement of the accused in the second protocol of trial;
1. Each statement of the police suspect interrogation protocol against the accused (Evidence No. 36112 of 2019)
1. Statement of the police statement regarding E;
1. The statement in the statement prepared by the I;