근로기준법위반등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a C representative in Dongjak-gu Seoul Metropolitan Government who is a user who ordinarily employs four workers and operates a reading room business.
1. An employer who violates the Labor Standards Act due to non-payment of wages shall, if the worker dies or retires, pay the wages, compensations, or any 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 did not pay 59,384,850 won, including 702,00 won in September 20, 2019 of the retired workers D, who were employed in general at the same workplace from October 20, 2015 to September 15, 2019, in total, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, as shown in the attached list of crimes (1).
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 18,324,290 won, including 8,079,654 won of retirement allowances of retired workers D from the said workplace from October 20, 2015 to September 15, 2019, in total, within 14 days from the date of retirement without an agreement on the extension of payment date between the parties, as shown in the list of crimes in the attached Table (1).
3. An employer in violation of the Minimum Wage Act shall pay the workers subject to the minimum wage at least the minimum wage determined and publicly notified each year by the Minister of Labor, and the minimum wage shall be at least 6,030 won per hour from January 1, 201 to December 31, 2016, and at least 6,030 won per hour, and the minimum wage shall be from January 1, 2017 to December 31, 2017.