근로기준법위반등
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
(e).
Punishment of the crime
The defendant is an operator of the building C in the Jung-gu Seoul Special Metropolitan City and the company F with D heading-E, which is a user who conducts food manufacturing business using 90 full-time workers.
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money or valuables within fourteen 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 is working from October 23, 2006 to April 11, 2018 at the above workplace.
As stated in the [Attachment] List 1,3-5,00 won, including wages of KRW 1,875,00 of G retired G, was not paid within 14 days from each retirement without an agreement between the parties to the extension of payment due date, as well as KRW 33,709,297, which is total sum of unpaid money and valuables of four workers.
2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is working from October 23, 2006 to April 11, 2018 at the above workplace.
The retirement allowance of the retired G was not paid 109,798,860 won in total, including 26,500 won, and 1,3-50 won in the annexed list of crimes, within 14 days from the date of each retirement without agreement between the parties to the extension of the payment date.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement and written statement;
1. Application of Acts and subordinate statutes to business registration certificates, business registration certificates, reports on the occurrence of judicial bankruptcy;
1. Article 109 (1), Article 36 of the Labor Standards Act, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning facts constituting an offense;
1.Article 40 of the Criminal Code of Trade and Trade.