근로기준법위반등
A defendant shall be punished by imprisonment for not more than ten 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 a representative director of corporation D with the second floor of Gangnam-gu Seoul Metropolitan Government, who employs 30 full-time workers and operates the above company and conducts software manufacturing and computer system sales business.
[2013 Highest 5650] The Defendant did not pay an amount equivalent to KRW 9,547,860 in total, including wages and retirement allowances, etc., of KRW 1,506,040 on November 1, 2012, to E retired from the company from June 10, 2006 to November 10, 2012, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.
In addition, the Defendant did not pay the total amount of 307,320,567 won, such as wages and retirement allowances, to 16 workers, within 14 days from the date of retirement, as described in the No. 1 through 9, 13, and 19 of the annexed crime list 1.
[2014 Highest 1885]
1. When a worker dies or retires, the employer violating the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred;
The Defendant is working from January 2, 2013 to April 10, 2013 at the above company.
As stated in 2,335,00 won in wages of retired F, 114,890,201 won in total for five retired workers was not paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties, as well as 2,3,8,14, and 18 set forth in the attached Table 3.
2. Where an employer who violates the Guarantee of Workers' Retirement Benefits Act retires a worker, he/she shall pay a retirement allowance within fourteen days from the date when the cause for such payment occurred;
The Defendant is working for the said company from September 1, 2010 to July 10, 2013.
The Parties, as stated in attached Table 4-3, 7, 9, including KRW 5,869,679 of retirement pay of retired G, shall include KRW 21,193,092 in total for three retirement allowances of retired workers.