근로기준법위반
Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is the representative of the D Co., Ltd. located in Ansan-gu, Ansan-gu, and is an employer who runs a manufacturing business using 14 full-time workers.
(a) An employer shall, if a worker retires, pay the wages, compensations, and any other money or valuables within 14 days after the cause for such payment occurred;
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay KRW 3,166,67 on September 2, 2016, and KRW 3,166,67 on October 2016, and KRW 2,322,222 on November 2, 2016, and KRW 8,65,556 on November 22, 2016, within 14 days from the date of retirement where the cause for payment occurred, without any agreement between the parties on the extension of the due date of payment.
(b) When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty (30) days, and if he/she fails to give an advance notice at least thirty (30) days, he/she shall pay the ordinary wages for thirty
Nevertheless, the Defendant did not immediately pay KRW 2,66,67 equivalent to the amount of ordinary wages for 30 days in advance of dismissal as an advance of dismissal allowance without 30 days prior to November 22, 2016, to E, working from March 2, 2016 at the same workplace.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Application of Acts and subordinate statutes of the E’s authenticity and written statements;
1. Article 109(1) and Article 36 of the Labor Standards Act for Criminal Facts; Article 110 Subparag. 1 and Article 26 of the Labor Standards Act; Selection of fines for the payment of unpaid wages; Article 110 Subparag. 1 and Article 26 of the Labor Standards Act;
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;