근로기준법위반등
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is the representative director of D Co., Ltd., which has sub-building B C, and is an employer who runs indoor building business using three regular workers.
When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and 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 D Co., Ltd. from July 1, 2008 to August 30, 2016, and had retired E’s wages of KRW 2,514,000 in August 2018 without an agreement between the parties on the extension of payment deadline, and did not pay it within 14 days after the cause for payment occurred.
(b) Where an employer who has violated the Guarantee of Workers' Retirement Benefits Act has unpaid contributions to a participant of the defined contribution plan when any ground prescribed by Presidential Decree, such as retirement of the participant, occurs, he/she shall pay the contributions and interest for arrears to the account of the relevant participant of the defined contribution plan within 14 days
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant worked in D Co., Ltd. from July 1, 2008 to August 30, 2016, and did not pay the total of KRW 2,862,781,00,000,000 for the unpaid contributions and interest for retirement E’s retirement, within 14 days from the date of occurrence of the cause, without an agreement between the parties to the extension of the payment deadline.
Summary of Evidence
1. Court statement of the defendant (the second trial date);
1. Statement of the substitution of E and the accused;
1. E’s written petition;
1. Data submitted by a petitioner (materials of liquidity transactions), books for tax withholding for wage and salary income by a petitioner, certificate of deposit in retirement pension, and data on the employment insurance computer network;