근로기준법위반등
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Punishment of the crime
[2013 Highest 2835] The Defendant is an employer as the representative director of C in Geumcheon-gu Seoul Metropolitan Government.
From August 31, 2009, the Defendant did not pay KRW 16,538,570 in total, including KRW 5,833,320, retirement allowances and KRW 10,70 in total, and KRW 16,538,570, as stated in the list of crimes in the separate sheet of crimes, including that the Defendant did not pay KRW 84,087,339 in total, within 14 days from the date of retirement, without any agreement on the extension of the respective workers’ and the date of payment, as shown in the list of crimes in the separate sheet of crimes.
[2013 Height3678] The defendant is the representative director of C of Geumcheon-gu Seoul Metropolitan Government, who employs 30 full-time workers and operates the manufacturing business, etc.
1. The Defendant unpaid wages and retirement allowances did not pay 1,698,620 won, including the total amount of wages of 1,698,620 won and retirement allowances of 19,594,295 won and retirement allowances of 33,59,224 won, including 53,59,224 won, and 53,193,519 won, within 14 days from the date of each retirement without agreement between the parties concerned about the extension of the payment date, as shown in the attached crime list (1). < Amended by Presidential Decree No. 24477, Jun. 6, 2013; Presidential Decree No. 24420, Jul. 7, 2013; Presidential Decree No. 25070, Feb. 29, 2014>
2. When an employer who has not received the advance notice of dismissal intends to dismiss a worker, he shall do so at least thirty days prior to such dismissal, and when he does not do so 30 days prior to such dismissal, he shall pay the ordinary wages for not less than thirty days.
On November 1, 2011, the Defendant did not make a pre-announcement of dismissal for 30 days to seven workers who work at the same workplace, as stated in the attached list of crimes (2), including the dismissal of at least 1,081,380 won, even if he/she was dismissed on July 14, 201 and around July 15, 201, and did not pay at least 1,081,380 won.