근로자퇴직급여보장법위반
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant of the 2018 Highest 4183 is an employer who runs software development business using 30 full-time workers as the representative director of Suwon-si B and the 4th floor C Co., Ltd.
Defendant did not pay KRW 9,458,661 in total to five retired workers within 14 days from the date of retirement, as stated in the list of crimes in attached Form D retirement pay of KRW 42,602,209, working at the above workplace from November 12, 2007 to April 29, 2018, without any agreement between each party on the extension of payment deadline.
The defendant 2018 Highest 4553 is the representative director of Suwon-si Co., Ltd. with the fourth floor of Suwon-si B and 4, who runs software development business using 30 full-time workers.
The Defendant did not pay KRW 15,039,312 of retirement allowances of retired workers E from the said workplace from July 25, 2013 to May 31, 2018, within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.
Summary of Evidence
1. Statement by the defendant in court;
1. Each petition and statement of F, D, G, H, and I;
1. To file a report on the overdue wages of E;
1. A detailed statement of calculation of each retirement allowance;
1. Application of statutes to a detailed statement of calculation of average wages and retirement allowances;
1. Article 44 of the Act applicable to the facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Retirement Benefits for each worker selected as a result of the penalty, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The grounds for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] shall be determined as the order, taking into account the following circumstances and various conditions of sentencing as shown in the instant pleadings, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, etc.
- The amount of unpaid retirement pay is of the same kind and kind;