근로기준법위반등
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
1. The non-paid Defendant is the representative of the Dispute Resolution Co., Ltd., and was working from May 28, 2014 to July 12, 2016 in D, which is the place of business of the Dispute Resolution Co., Ltd., and was retired from office, and did not pay 17,008,503 won in total for six employees, including 709,677 won and retirement pay 4,183,348 won on July 7, 2016 and 14 days from the date of retirement without agreement between each party on extension of the payment date.
2. In light of D around July 12, 2016, the Defendant, who was not paid pre-employment allowance, did not pay KRW 4,382,580 in total of the pre-employment allowance for three workers in the same manner as indicated in the attached list of crimes, while dismissing employees E without pre-employment allowance, including not paying KRW 1,488,180.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of each relevant statute;
1. The facts constituting the crime concerned and the fact that the selective payment of the penalty is unpaid: Article 109(1) and Article 36 of the Labor Standards Act (Optional to Penalty) of the Act on the Guarantee of Retirement Benefits for each Workers: The fact that each worker is not entitled to the advance payment of the retirement allowance under Articles 44 subparag. 1 and 9 (Optional to Penalty) of the Act on the Guarantee of Retirement Benefits: Subparagraph 1 of Article 110 and Article 26 of the Labor Standards Act;
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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;