근로기준법위반등
Defendant shall be punished by a fine of 2.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The defendant is a representative director of Gangnam-gu Seoul Metropolitan Government and the first floor who is a user who operates a telecommunications sales business (on-site sales) by using five full-time workers.
1. 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 of 16,374,700 won of wages of two workers (E, F) from December 23, 2016 to September 16, 2017, including the total of 11,867,602 won of wages from September 2017, as stated in the daily list of crimes in attached Table E, including the wage of 862,985 won in December 2016, when he/she worked as a mobile phone salesperson from November 23, 2015 to September 16, 2017, within 14 days from each retirement date without any agreement on the extension of the payment date between the parties.
2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant did not pay KRW 2,89,330 of E's retirement allowance working as a mobile phone salesperson from November 23, 2015 to September 16, 2017 at the same place of business within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of E and F;
1. Application of statutes on business registration certificates;
1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (amended by Act No. 15108, Nov. 28, 201);
1. Articles 40 and 50 of the Criminal Code of Trade and Trade (as to Workers E).