근로기준법위반등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
Defendant 1 is the representative director of D Co., Ltd. located in Northern-gu, Northern-si, Mapo-si, Mapo-si, 2017 who runs the cleaning business of buildings using 11 full-time workers.
1. An employer in violation of the Labor Standards Act has paid wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred if a worker dies or retires, but the Defendant did not pay 20,655,650 won in total, including three workers’ wages, annual unpaid allowances, and annual unpaid allowances, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned, from December 1, 2015 to June 20, 2017. < Amended by Act No. 15006, Feb. 2, 2017; Act No. 672,890, Feb. 2, 2017; Act No. 13788, Feb. 1, 2015>
2. Violation of the Guarantee of Retirement Benefits of Workers;
A. In the event that an employee retires, the employer paid the retirement allowance within 14 days from the time when the ground for such payment occurred, but the Defendant did not pay 2,208,180 won in total for three employees, such as the previous 358,390 won of the retirement allowance E of the retired employee as above, within 14 days from the date of the retirement without the agreement between the parties on the extension of the payment period between the parties.
B. An employer shall pay unpaid charges and interest on unpaid charges within 14 days from the date of occurrence of the cause for the employee’s retirement, etc., to the account of the relevant employee’s retirement pension plan within the fixed period of the employee’s retirement. However, the Defendant shall pay unpaid charges and interest on unpaid charges within 14 days from the date of occurrence of the cause for such unpaid charges to the account of the relevant employee’s retirement plan. However, as above, the Defendant shall pay 7,080,489 won in total, including the unpaid charges and interest on late 42,937 won in attached Form E-based retirement pension plan.