근로기준법위반등
Defendant shall be punished by a fine of eight 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 the operation of the medical washing business using 20 full-time workers, who is a manager in charge of the business of operating the medical washing business in the Sinnam-gun, Gyeongnam-gun.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant is in charge of laundry management from March 15, 2018 to July 3, 2019 at the above workplace.
D’s total amount of wages of KRW 17,920,443, including the total amount of wages of KRW 17,920,443, October 2018, and KRW 60,592,732, such as “the details of personal delayed payment”, were not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement on extension of the due date between the parties concerned.
(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the date of payment may be extended by an agreement between the parties if special circumstances exist.
Nevertheless, the Defendant did not pay the total amount of KRW 7,592,351 as well as KRW 2,57,57 of the D retirement pay described in the foregoing paragraph (a) within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without the agreement on extension of the due date between the parties concerned.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Written petition, power of attorney;
1. A detailed statement of personal overdue money and valuables;
1. Application of Acts and subordinate statutes to each statement of calculation of retirement allowances;
1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and
1. Article 40 of the Criminal Act of the Commercial Competition.