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 an employer who employs one full-time worker at the sea in front of Gangnam-gun C and has been engaged in Kim Farming Business without a trade name.
1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay all money or valuables, such as wages, within 14 days from the date of retirement, unless otherwise agreed by the parties concerned;
Nevertheless, the Defendant did not pay KRW 400,000,000, the wage of June 30, 2013, the monthly wage of July 1, 200, and the monthly wage of August 1, 200, and KRW 4,000,000, the monthly wage of September 1, 200, and KRW 4,00,00,000, as well as the monthly wage of September 1, 200, without agreement on the extension of the payment deadline between the parties concerned.
2. An employer in violation of the Guarantee of Workers' Retirement Benefits Act shall, when a worker retires, pay the retirement allowance within fourteen days from the date of such retirement, unless otherwise agreed by the parties concerned;
Nevertheless, the Defendant did not pay KRW 1,905,597 of D retirement pay from April 3, 201 to September 30, 2013 without an agreement between the parties on the extension of the payment date.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement of E;
1. A copy of the DNA statements;
1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;
1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;