권리행사방해등
A defendant shall be punished by imprisonment for not less than eight months.
Of the facts charged in this case, the separate entry Nos. 2 through 4 in the annexed list of crimes.
Punishment of the crime
[2014 Highest 6777] On April 5, 2013, the Defendant purchased a FM 7.5 tons truck at E business office located in Busan Metropolitan City, and took out a loan of KRW 67 million from the victim Non-Hakk Capital (ju) in the name of the Defendant’s wife, and set up a mortgage on the amount of KRW 49,400,000 for the victim’s claim value in the future on the truck owned by the Defendant. However, on April 2014, the Defendant transferred the said truck to H in order to discharge the obligation equivalent to KRW 30 million for H.
Accordingly, the defendant concealed his own property on which the mortgage of the victim company was established and obstructed the exercise of the victim company's rights.
[2015 Highest 1544] The Defendant is an employer who is a L business owner engaged in the manufacturing industry (PVC pressureing type) by using two workers from Gyeongsi-si I and a L business owner engaged in the manufacturing industry (PVC pressureing type) by using seven workers from Gyeongsi-si in Gyeongsan-si.
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all 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 1, 2014 to October 15, 2014.
The sum of wages of 10,000,000 won from August 2014 to October 10, 2014, as well as the sum of wages of 39,040,000 won, including six workers, was not paid within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned.
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 according to an agreement between the parties in extenuating circumstances.