근로기준법위반등
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Punishment of the crime
The defendant is a person who operates a service business in Gangnam-gu Seoul Metropolitan Government D and E in the fifth floor.
1. An employer who violates the Labor Standards Act due to non-payment of wages shall, if the employee retires, pay the wages, compensations, and any other money or valuables within fourteen days after the cause for such payment occurred;
Nevertheless, the Defendant did not pay KRW 3,112,225 of the F’s wages to workers retired while working in the said workplace from August 1, 2013 to May 31, 2017, within 14 days from the date of retirement, without an agreement between the parties on the extension of the payment deadline.
In addition, the Defendant did not pay wages to 7 workers at the above workplace within 14 days from the date of retirement, as stated in Nos. 5, 6, 8, 9, 15, 16, and 17 of the list of crimes in the annexed crimes.
2. An employer who violates the Guarantee of Retirement Benefits for an employee unpaid as a retirement allowance shall, if the employee retires, pay the retirement allowance within 14 days after the ground for such payment occurred.
Nevertheless, the Defendant did not pay KRW 7,604,735 of G retirement allowances to employees within 14 days from the date of retirement without any agreement on the extension of payment period between the parties.
In addition, the Defendant did not pay retirement allowances to three workers of the above workplace within 14 days from the date of retirement, as stated in Nos. 5, 6, and 17 of the list of crimes committed by the Defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of H and I;
1. Application of Acts and subordinate statutes concerning the calculation of average wages and retirement allowances, payment registers, details of overdue wages, wages and details of unpaid retirement allowances;
1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for respective Workers (which means the unpaid payment of retirement benefits) regarding criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes