근로기준법위반등
A defendant shall be punished by imprisonment for not less than eight months.
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
The defendant of "2016 Highest 2719" is a user who runs a construction business with ten full-time workers as the representative of E (ju) in Dongdaemun-gu Seoul Metropolitan Government D.
From October 1, 2010 to December 31, 2013, the Defendant did not pay KRW 3,00,000,000, monthly wage of KRW 79,500,000, monthly wage of KRW 88,731,615, total sum of KRW 88,615, and KRW 615, from the date of retirement to the date of extension of the payment period between the parties concerned without agreement on the extension of the payment period between the parties. < Amended by Presidential Decree No. 23270, Nov. 1, 2013; Presidential Decree No. 24270, Nov. 1, 2013; Presidential Decree No. 24270, Nov. 1, 2013; Presidential Decree No. 24203, Jun. 1, 2015>
The defendant of the Dongdaemun-gu Seoul Metropolitan Government 2016 Highest 3620 is a full-time employee who employs 10 full-time workers as the representative of the E Co., Ltd. in Dongdaemun-gu.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay the total of KRW 24,00,000 (monthly 1,00,000 x 24 months) and the total of KRW 26,668,490 in retirement pay 26,668,490, within 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment, without agreement on the extension of the payment deadline between the parties.
Summary of Evidence
[2016 Highest 2719]
1. Statement of the defendant in the second public trial records;
1. Statement (2016 Senior 3620, Senior 3620) by police against Defendant, F, and A;
1. The defendant's legal statement (as at the seventh public trial date);
1. The application of Acts and subordinate statutes to the police statement protocol (excluding the C/C portion) to G and the protocol of true statement to G;
1. Article 109(1) and Article 36 of the Labor Standards Act (which means the payment of wages, etc.) of the relevant Act on criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (which means the payment of wages, etc.);
1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;
1. Punishment;