근로기준법위반등
A defendant shall be punished by imprisonment with prison labor for up to six months.
Of the facts charged in the instant case, part of the charges against C, D, E, F, G, and H.
Punishment of the crime
[2017 Highest 3836] The defendant is the representative director of the ship-manufacturing chain J corporation in Ulsan-dong-gu I, Ulsan-gu, who conducts the manufacturing business of the ship.
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 mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 982,980 and retirement allowances and KRW 7,069,858 of the annual settlement refund at the end of the year of K, which had been employed from January 2, 2015 to January 23, 2017 at the above workplace, and did not pay KRW 205,39,239, total sum of the money in arrears with total 36 employees within 14 days from the date of retirement, as described in the attached crime list.
[2018 Highest 26] The Defendant is a representative director of the J corporation in Ulsan-dong-gu I, Ulsan-gu, who employs two full-time workers and operates the manufacturing industry of vessels.
When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay KRW 7,73,151 in total, including KRW 967,01,00 from January 2, 2015 to October 1, 2016, and KRW 5,147,721 in total, and KRW 6,806,141 in total, and KRW 967,010 in total, from April 13, 2016 to January 23, 2017, without agreement on the extension of the payment date between the parties concerned, within 14 days from each retirement day, which is the date on which the cause for payment occurred.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of each written statement, written petition and written complaint to Acts and subordinate statutes;
1. Payment of wages, etc. specified in each relevant Article of the Act concerning facts constituting an offense: