근로기준법위반등
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 is an employer who runs an educational service business using nine full-time workers under the trade name of “D” on the third floor of the military building in Sinpo City.
[2016 Highest 1505]
1. When a worker dies or retires, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen 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 28,795,302 won in total amount of five workers as shown in the Schedule of Attached Crimes (1) to extend the payment date without agreement between the parties as to the extension of the payment date of KRW 1,970,420 on February 2, 2016 of retired workers E while working in the above workplace from around September 10, 2013 to June 8, 2016, for the extended payment period of KRW 14 days from the date of retirement without agreement between the parties.
2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant did not pay 14 days from the date of retirement without agreement between the parties regarding the extension of the payment deadline for the retirement allowance of 5,386,453 won of E's retirement allowance of 5,386,453 won who retired while working in the above workplace as set forth in
[2017 Highest 93]
3. When a worker dies or retires, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.