근로기준법위반등
A defendant shall be punished by imprisonment for not less than three months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who operates an electronic microscope manufacturing business, employing six full-time workers under the trade name of the Daegu-gu B Building No. 304, “C.”
1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 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 had worked at the said workplace from January 1, 2013 to February 28, 2017 and had retired workers D’ wages of KRW 3,750,00 on December 12, 2016, and KRW 3,750,000 on January 1, 2017, and KRW 11,250,000 on February 2, 2017, including the total of KRW 3,750,00 on February 1, 2017, and KRW 121,040 on the settlement of accounts (other money and valuables) and KRW 121,040 on the settlement of accounts (other money and valuables) within 14 days from the date of retirement without an 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 pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires.
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 15,616,438 of retirement allowances of retired workers D within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline from January 1, 2013 to February 28, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts (wholly amended by Act No. 15108, Nov. 28, 2017); Articles 44 subparag. 1 and 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 imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Social service order under the Criminal Act;