근로자퇴직급여보장법위반등
Defendant shall be punished by a fine of KRW 2,500,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is the representative C in the 5th floor of Gangnam-gu Seoul Metropolitan Government, who is a full-time employee and operates a single-class manufacturing business using five workers.
1. When a worker dies or retires, the employer violating 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, at the above workplace from November 5, 2007 to December 31, 2013, did not pay KRW 3,734,800 as bonus in December 2012 to D, paid KRW 765,00 as bonus in June 2013, KRW 1,439,800 as bonus in December 2013, and KRW 3,765,00 as bonus in December 2013, without any agreement between the parties on the extension of the due date for payment.
2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant, at the above workplace from November 5, 2007 to December 31, 2013, served as retirement allowance of 9,990,903 won for retired workers D, from March 13, 2006 to November 30, 2013 at the above workplace, and did not pay the total of 17,873,915 won for two employees including the retirement allowance balance of 7,883,012 won for retired workers E, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. Each written statement;
1. Application of Acts and subordinate statutes to the details of each transfer of benefits and retirement allowances;
1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts (the violation of the obligation to liquidate money and other valuables) and the guarantee of workers' retirement benefits.