근로기준법위반등
Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is the chairperson of the Do Apartment Housing Residents' Representative Council at the time of truth, who manages apartment management offices using three full-time workers.
1. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;
Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the total amount of 2,096,747 won in arrears of two retired workers within 14 days from the date of retirement without an agreement on the extension of payment date, as stated in the attached list of crimes E, such as the wage 1,149,288 won in November 1, 2016 of E, which retired from the said workplace as from June 13, 2016 to November 14, 2016. < Amended by Presidential Decree No. 27417, Nov. 1, 2016>
2. An employer shall pay a retirement allowance within 14 days from the date of retirement, if a worker retires;
Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 4,522,913 of the F's retirement allowances retired as an accounting employee from the above workplace from June 24, 2014 to November 14, 2016, within 14 days from the date of retirement without agreement on the extension of the payment deadline.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness G, E, F, and C;
1. Each police statement protocol with respect to E and G;
1. Each statement of E and F [each of the above crimes caused by delay in payment of wages, etc. is established at the expiration of 14 days from the date on which the cause for the payment occurred. As such, if a business owner is a legal entity, the representative who has the authority to pay retirement allowances, etc. at the time when the said 14th day elapses is in principle responsible for the crime of default, and the representative who lost his/her authority to pay due to reasons such as retirement, etc. before the said 14 days elapse shall not be liable for such crime,