근로기준법위반등
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is the representative of L Co., Ltd. in Pyeongtaek-si, who is a user who conducts plastic product manufacturing business using 20 full-time workers.
1. Where an employer violating the Labor Standards Act dies or retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the ground for such payment occurred, but the Defendant is working at the workplace above from July 2, 2018 to December 19, 2018.
The amount of wages of 1,451,070 won of the retired worker M on September 2018 was not paid within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, and the total amount of wages of 91,635,583 won was not paid to 12 retired workers within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.
2. Where an employer in violation of the Guarantee of Workers' Retirement Benefits Act retires, the employer shall pay retirement allowances within 14 days from the date on which the cause for such payment occurred, but the accused shall work at the same workplace from May 26, 2017 to December 19, 2018.
3,869,278 of the retirement allowances of retired workers was not paid within 14 days from the date of the retirement without an agreement between the parties on the extension of the due date, and the total amount of 69,176,672 won was not paid within 14 days from the date of the retirement without an agreement on the extension of the due date between the parties concerned.
Summary of Evidence
1. Defendant's legal statement;
1. Written appeals filed under Section B and 10,O, P, C and 8;
1. Application of Acts and subordinate statutes on arrears;
1. Article 109 (1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are unpaid);
1. Commercial concurrence;