근로기준법위반등
Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The defendant is a person in charge of software development and an employer who employs 30 full-time workers as the representative of the second floor C (main) in Gangnam-gu Seoul Metropolitan Government B building and operates software development business.
1. When a worker dies or retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date on which the cause for such death or retirement occurred, unless the parties have agreed on the extension of the due date of payment;
Nevertheless, the Defendant did not pay the total of KRW 44,868,720 of wages of five workers within 14 days from the date of retirement without any agreement on extension of payment period between the employees and the employees, as shown in the list of crimes in attached hereto, including the amount of wages of KRW 2,979,673 on March 3, 2015, which was retired from office, from office, from January 1, 2014 to February 26, 2016, and KRW 2,854,056, and KRW 2,979,673 on December 2015.
2. An employer shall, when a worker retires, pay the retirement allowance within 14 days from the date on which the grounds for such payment occurred, unless there exists any special extension agreement between the parties concerned;
Nevertheless, the defendant, who served in the above company as programs from April 1, 2014 to February 26, 2016, did not pay KRW 26,327,260 of retirement allowances of five workers within 14 days from the date of retirement, as shown in the list of crimes in attached Table, such as the retirement allowances of KRW 8,939,010, which were retired.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. Each fact-finding statement;
1. Application of the Acts and subordinate statutes to each written complaint and petition;
1. Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, as prescribed by the relevant Act, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Retirement Benefits for Workers;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse.