근로기준법위반등
Defendant shall be punished by a fine of KRW 6,000,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Punishment of the crime
[2015 Highest 602] The Defendant is a representative of “E” in Doo-si C, who is an employer who has run a ship mooring business by using 180 full-time workers.
1. The Defendant violated the Labor Standards Act: (a) from around December 10, 2013 to around September 30, 2014, the Defendant did not pay KRW 1 to 43 a year in attached Table II (Provided, That this does not include: (b) 1, 2, 3, 5, 6, 10, 11, 12, 13, 15, 17, 19, 21, 23, 24, 25, 26, 27, 28, 29, 32, 35, 37, 38, 39, 40, 40, and 43; (c) 15, 156, 14, 169, 14, and 43 from the date of payment of the total wages of retired workers as stated in attached Table II (excluding the foregoing No. 1, 2,500,000).
2. The Defendant violated the Guarantee of Workers' Retirement Benefits Act: (a) from June 1, 2013 to September 30, 2014, 3,934,241 won of G retirement pay retired from the said enterprise as “short learning” and (b) 23 to 88, 27, 28, 29, 32, 35, 36, 37, 38, 39, 39, 43, 45, 47, 49, 50, 51, 57, 58, 59, 60, 67, 78, 767, 78, 786, 786, 786, 786, 786, 786, 786, 786, 786, 786, 786, 767, and 48.
Summary of Evidence
[2015 Highest 602]
1. Defendant's legal statement;
1. The police statement of H;
1. Each complaint book, receipt of retirement income, payment record, average wages and retirement pay calculation statement, list of participants of retirement pension, matters related to arrears, payment certificate of insurance premium for departure maturity, interim settlement statement of retirement pay, receipt for tax withholding of retirement income and total amount of bonus, calculation details of E-year allowance, attendance book, wage calculation statement, and daily labor cost payment statement for one year prior to retirement of each worker;