근로기준법위반등
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant is a “C” manager in the Bupyeong-gu Incheon Metropolitan Government B Building 202, who runs the shopping mall sales business using four full-time workers.
1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 had worked in charge of planning, management of MD and shopping mall sites from January 4, 2016 to January 31, 2017 at the same place of business, and did not pay wages of KRW 590,000 for August 2016, KRW 1,500,000 for September 2016, KRW 1,50,000 for October 2016, KRW 1,500 for December 2016, KRW 1,500 for December 2016, KRW 00 for KRW 1,500,000 for December 2016, and KRW 8,090 for 00,000 for 1,50,000 for January 1, 2017, or KRW 00 for 00 for 00,00 for retirement without agreement on the extension date.
2. An employer shall, if a worker retires, pay the retirement allowance within fourteen 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 worked in charge of planning, management of MD and shopping mall sites from January 4, 2016 to January 31, 2017 at the above workplace, and did not pay KRW 1,583,978 of retirement allowances of retired D's retirement allowances within 14 days from the date of retirement without agreement on the extension of payment deadline.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;
1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Attraction of a workhouse;