근로기준법위반등
The sentence of sentence against the defendant shall be suspended.
Of the facts charged in the instant case, workers B.
Punishment of the crime
The Defendant is the representative of the Gangnam-gu Seoul Metropolitan Government “D” and the fourth floor who runs a construction business with ten full-time workers.
1. When a worker dies or retires, the employer in violation of 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 is working from April 10, 2018 to May 28, 2019 at the above workplace.
The retirement E’s wage of KRW 2,938,490, annual salary of KRW 2,884,923, annual salary of KRW 719,03, year-end refund of KRW 2018, and KRW 6,585,643, including the total amount of KRW 43,20,00, annual salary of KRW 25,201,376, respectively, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
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 may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is working from April 10, 2018 to May 28, 2019 at the above workplace.
The retirement allowances of retired E, including KRW 3,618,179, did not pay the total amount of KRW 9,528,228 of the retirement allowances of E, F, and G, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of the E, F, H, and G;
1. E-related evidence No. 10, employment contract, wage contract, withholding receipt for wage and salary income, certificate of employment, average wage and retirement allowance calculation statement, and salary statement; and