근로기준법위반
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is the representative of C in the window B of Changwon-si, and the employer who runs a manufacturing business using six regular workers.
When a worker retires, the employer shall pay wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Provided, That the date of payment may be extended upon agreement between the parties in extenuating circumstances.
1. Nevertheless, from July 5, 2018 to July 26, 2018, the Defendant did not pay a total of KRW 20,600,000,000 as shown in the separate crime list against four retired workers, including KRW 5,40,00 in July 2018, when the cause for the payment occurred without any agreement between the parties to the extension of the due date, within 14 days from the date of the retirement, when the cause for payment occurred without any agreement between the parties to the extension of the due date.
2. Nevertheless, from July 19, 2018 to August 14, 2018, the Defendant: (a) retired from office after having worked on the electrical distribution day at the place of business located in Seo-gu, Seo-gu, Seo-gu, Seocheon-si; (b) wages of KRW 1,560,000 in July 7, 2018; (c) wages of KRW 1,300,000 in August 2018; and (d) from August 10 to August 14, 2018, the Defendant did not pay KRW 3,620,000 in total, including wages of KRW 760,00 in August 2018, 2018; and (d) retired from office without any agreement between the parties to the payment due date.
Summary of Evidence
1. Defendant's legal statement;
1. Each petitioner's statement;
1. Application of each relevant statute;
1. Relevant Article 109 (1) and 36 of the Labor Standards Act concerning criminal facts and the choice of punishment.
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.