근로기준법위반등
Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is a user who runs a general military support research and development business using eight full-time workers as the representative director of Songpa-gu Seoul Metropolitan Government building B and C in the third floor.
1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the defendant is working from May 26, 2010 to November 13, 2018 at the above workplace.
D's wages of 2,916,667 won in January 2018, wages of 2,916,667 won in February 2018, wages of 2,916,667 won in March 2018, and wages of 2,916,667 won in March 2018, income tax of 646,720 won in year-end year-end local income tax, 64,620 won in total, and 9,461,341 won in total were not paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date
2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the defendant is working from May 26, 2010 to November 13, 2018 at the above workplace.
The retirement allowance of 24,186,094 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Details of unpaid benefits and calculation of retirement allowances;
1. Detailed statement of benefits;
1. Application of Acts and subordinate statutes on a petition;
1. Article 109 (1) and Article 36 of the Labor Standards Act related to criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where payment of retirement allowances is not made);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Article 70(1) of the Criminal Act for the detention of a workhouse.