근로기준법위반등
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is the actual representative of C in the Nam-gu Incheon Metropolitan City, who is a user who runs the Chinese restaurant business using four full-time workers.
1. When a worker dies or retires, the employer shall pay the wages, compensations, and 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 stated in the indictment in August 2014 that the said workplace worked from July 24, 2014 to August 27, 2015, and retired from the workplace as “seven months” wage. However, in light of the details of the attached attachment arrears and the content of the investigation, the Defendant appears to be the clerical error of the “eight months” wage.
Wages (from 24.0 to 24.0
8. Until 23.), each worker did not pay 12,200,000 won in total within 14 days from the date of retirement, which is the date of occurrence of the reasons for payment, without agreement between the parties on the extension of the payment deadline, as stated in the attached Table, including the details of arrears 1,50,000 won.
2. An employer shall pay a retirement allowance within 14 days after the cause for such payment occurred, if a worker retires;
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the defendant worked in the above workplace from July 24, 2014 to August 27, 2015, and did not pay KRW 1,822,512 of D retirement pay within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements and certificates (E);
1. Application of Acts and subordinate statutes, such as average wages and retirement allowances;
1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);
1. Articles 40 and 50 of the Criminal Code of Trade and Trade (in relation to Workers D).