근로기준법위반등
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
Defendant is an employer who employs six full-time workers at the construction site of Jeonju City and operates a construction enterprise (ju) D.
1. The Defendant in violation of the Labor Standards Act was employed by the said company from August 12, 2013 to April 30, 2015, and did not pay KRW 2,500,000 on December 12, 2014 of E, which was retired from office, within 14 days from the date of retirement without an agreement between the parties to the extension of payment deadline.
In addition, the Defendant did not pay a total of KRW 66,940,000, including wages, etc. to nine workers, within 14 days from the date of retirement without an agreement between the parties to the extension of the payment deadline, as stated in the list of crimes in the attached list of crimes.
2. The Defendant in violation of the Act on the Guarantee of Retirement Benefits of Workers did not pay KRW 4,342,773 of the retirement allowances of the said company, which was employed by the said company, within 14 days from the date of retirement of the said Party without any agreement
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect concerning F by the prosecution;
1. Each police statement made to G, E, and H;
1. Each petition and accusation;
1. Application of Acts and subordinate statutes on a contract and subcontract;
1. Article 109 (1) and the main sentence of Article 36 of the Labor Standards Act (which means the payment of wages), Article 44 subparagraph 1 and the main sentence of Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (which means the payment of unpaid wages) concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in the provisions of the Labor Standards Act for Workers E, between a violation of the Labor Standards Act for Workers E, between a violation of the Guarantee of Workers' Retirement Benefits, and a punishment provided for in the violation of the Labor Standards Act with heavier quality of crimes);
1. Selection of each alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The fact that the defendant's unpaid wages and retirement allowances are a large amount of wages and retirement allowances due to unfavorable reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order, and that the defendant has been punished by a fine for the same kind of crime.
e.beliable;