근로기준법위반
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
[2017 High 488] The Defendant, as the C representative director in Songpa-gu Seoul Metropolitan Government B and 5, is an employer who conducts electronic commerce business using 12 full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.
The Defendant did not pay the total of KRW 12,00,000 from each retirement date within 14 days from each retirement date without any agreement between the parties on the extension of payment date, as stated in the attached list of crimes against two retired workers, including KRW 3,00,000 in February 2016 of D, retired workers who worked from the above workplace from February 19, 2016 to March 20, 2016, as well as KRW 12,00,000 in the attached list of crimes against two retired workers.
[2017 High 554] The Defendant is a representative director C in Songpa-gu Seoul Metropolitan Government B and 5, who is a full-time employee and conducts electronic commerce business using 12 full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.
The Defendant had worked from December 1, 2015 to May 31, 2016 at the same place of business and retired workers E’s wages of KRW 1,00,000,000 in January 2016, February 2016, wages of KRW 2,00,000 in March 2016, wages of KRW 2,00,000,000 in March 2016, and wages of KRW 2,00,000 in April 20, 2016, and wages of KRW 2,00,000 in May 2, 2016, did not pay KRW 9,00,00 in total within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.
Summary of Evidence
[2017 High 488]
1. Statement by the defendant in court;
1. Written statements of D and F (2017 high class 554);
1. Statement by the defendant in court;
1. Application of the law of the statement protocol to E