근로자퇴직급여보장법위반등
A defendant shall be punished by imprisonment for one year.
Punishment of the crime
On October 29, 2015, the Defendant appealed from the Seoul Eastern District Court for a violation of the Labor Standards Act, etc. on the grounds that he/she was sentenced to one year to imprisonment, and the judgment of the appellate court No. 2015 No. 1514 is still pending.
[2015 Highest 3569] The Defendant is an employer who runs a medical business using 100 full-time workers as the president of (g) ESG located in Gangdong-gu Seoul Metropolitan Government EF.
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 was employed from May 1, 2010 to April 6, 2015 at the same place of business and did not pay KRW 11,330,630 of retirement allowances of EH and KRW 9,186,828 of EI of retired workers from the same place of business within 14 days from the date of each retirement.
[2015 Highest 3773] The Defendant is each representative of the W medical foundation X hospital and the medical corporation W medical foundation in Gangdong-gu Seoul Metropolitan Government, who ordinarily employs more than 60 workers and operates the medical service business.
The Defendant, from August 23, 2013 to December 6, 2013, did not pay KRW 377,720,647 in total, including the wages, retirement allowances, allowances, etc. of 19 workers, as stated in the list of crimes in the attached crimes, to the EJ, who retired from the Defendant’s work at the said workplace, within 14 days from the date of retirement, without any agreement between the parties on the extension of payment period.
Summary of Evidence
[2015 Highest 3569]
1. Statement by the defendant in court;
1. Each statement of EH, EI, and K;
1. Each petition, each annual salary contract, each retirement allowance calculation, each source collection receipt for retirement income, and each source collection receipt for wage and salary income;
1. Each labor supervisor for the defendant's partial statement of EL on the legal statement of EL, Q, EM, and AO.