근로기준법위반등
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The defendant is an employer who is engaged in food distribution business by employing eight full-time workers, who are running company D in Kuri-si Co., Ltd.
The Defendant did not pay KRW 35,927,788 in total, including KRW 3,062,201 and retirement allowances and KRW 32,865,587, 35,927,788 in total, from July 20, 1997 to April 4, 2014, within 14 days from the date on which the cause for payment occurred, without an agreement on extension of the due date between the parties concerned.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Each specification of transactions;
1. Each fact-finding certificate;
1. Each written confirmation of answer;
1. To fix the details of overdue money and valuables;
1. A written calculation of retirement allowances;
1. Investigation report (data on the current status of workers belonging to places of business of a suspect) (the defendant and defense counsel shall enter into an agreement with the defendant to pay in advance a certain amount of money with retirement allowances, along with the monthly pay that the defendant pays each month between E (hereinafter referred to
(1) The Defendant’s retirement allowance payment under Article 8(2) of the Act on the Guarantee of Workers’ Retirement Benefits does not have any effect as retirement allowance payment under Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (see, e.g., Supreme Court Decision 2012Da77006, Dec. 13, 2012); and (2) The Defendant’s payment of monthly retirement allowance under the name of retirement allowance under Article 8(2) of the Act on the Guarantee of Workers’ Retirement Benefits does not have any intention to do so. However, the agreement on the division of retirement allowance is null and void since the employee waivers his/her right to claim retirement allowance under the final retirement allowance, unless it is recognized as an interim settlement of retirement allowance under the main sentence of Article 8(2).