근로기준법위반등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
Defendant 2, “2017 Highest 3491,” is the actual manager of D Co., Ltd. in Pakistan, who employs 10 full-time workers and operates printing business.
1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 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 worked in the above workplace from December 1, 2012 to April 14, 2016 and did not pay the total of KRW 13,273,110 to the employees of the above workplace within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties, as shown in the list of crimes in the attached Table, including the wage of KRW 2,50,000 on January 1, 2016.
2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the total amount of KRW 19,388,907 as well as the total amount of KRW 8,380,692 as well as the total amount of KRW 8,380,692 of the retirement allowances of workers E employed in the above workplace and retired from the above workplace within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties concerned.
The defendant of "2017 Highest 3706" is the actual manager of D Co., Ltd. in Gyeonggi-si Co., Ltd. and the user who runs the printing business using 15 full-time workers.
1. When a worker dies or retires, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and other allowances within fourteen days after the cause for such payment occurred;