근로기준법위반등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant is a manager of the Dispute Resolution Co., Ltd. in Ansan-si, who operates a livestock product processing business using 20 full-time workers.
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;
The defendant works in the above workplace from December 1, 2016 to August 31, 2018.
A retired worker D's annual paid leave allowance of 103,350 won, including 103,350 won, did not pay 5,341,630 won, in total, of the unpaid annual paid leave allowance of 11 workers, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.
2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and
The defendant works in the above workplace from December 1, 2016 to August 31, 2018.
The retirement allowance of retired workers D, including 4,90,390 won, did not pay 44,881,270 won in total for 13 employees as shown in the attached list of crimes, within 14 days from the date of retirement, without any agreement between the parties on the extension of payment dates.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Each ten petition, including E, F, G, H, D, and 10 others;
1. Each statement of E and H;
1. Application of the detailed statement for calculation of each retirement allowance, details of subscription to the National Pension, comprehensive statement on the details of delinquent money and other valuables, calculation details of annual leave allowance, each average wage and retirement allowance calculation statement, average wage and retirement allowance calculation statement, employment contract, and each payment record of each salary;
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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of penalty: