근로기준법위반등
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is an employer who has an office in Seo-gu C and 3, and runs a tele-market business using three full-time workers.
1. The Defendant did not pay wages of KRW 1,590,320, and retirement allowances of KRW 3,059,90,90, and retirement allowances of KRW 3,900, and up to April 5, 2018, who worked from March 8, 2016 to April 5, 2018 at the same place of business, to KRW 967,740, and from February 20 to April 5, 2018 to April 5, 2018, the sum of wages of KRW 1,59,90 and retirement allowances of KRW 3,059,90, and from March 17, 2017 to April 5, 2018; and KRW 305,000,000 from March 20, 2018 to April 5, 2018 to 308, 305, including retirement allowances of KRW 305,585,2018.
2. The Defendant did not pay KRW 4,700,000,000 on the date of dismissal, including D, E, and F working in the above workplace immediately after immediately taking advantage of D, E, and F without prior notice on April 5, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Protocols or statements made by petitioners with respect to D (2)
1. Application of Acts and subordinate statutes to a short-term worker labor contract, retirement allowance calculation statement (17 times a net), and deposit transaction statement;
1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts; Article 44 Subparag. 1 and 9 of the Act on Guarantee of Workers’ Retirement Benefits (out of Payment of Retirement Benefits); Articles 110 Subparag. 1 and 26 of the relevant Act on Standards of Workers (out of Payment of Retirement Benefits); and Articles 110 Subparag. 1 and 26 of the relevant Act on Standards of Workers;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between a violation of the Labor Standards Act due to the unpaid wages of D and a violation of the Guarantee of Workers' Retirement Benefits Act);
1. Selection of an alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;