근로기준법위반등
The sentence against the accused shall be determined by a fine of KRW 3,00,000.
When the defendant does not pay the above fine, 100.
Punishment of the crime
The defendant is an employer who operates a manufacturing business with five full-time workers while operating the D Co., Ltd. in Ansan-si C5 Ra 605.
1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, or any other money or valuables within fourteen days after the cause for such payment occurred;
Nevertheless, the defendant worked in the above workplace from December 1, 2009 to February 17, 2015 and did not pay KRW 2,500,000 for retired workers E's wages in October 2014, and KRW 2,500,000 for December 2, 2014, and KRW 2,50,000 for December 2, 2014, and KRW 2,50,000 for January 2, 2015, and KRW 1,517,857 for February 2015, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.
2. An employer who violates the Guarantee of Retirement Benefits of a worker shall, when the worker dies or retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;
Nevertheless, the defendant worked in the above workplace from December 1, 2009 to February 17, 2015, and did not pay 6,186,372 won of retirement allowance E of retired workers within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Complaint;
1. Application of Acts and subordinate statutes to the details of overdue debts;
1. Article 109(1) and Article 36 of the Labor Standards Act applicable to the facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;
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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;