근로기준법위반등
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
[2018 Highest 347] The defendant is an actual manager of A in Ansan-si B, who runs a manufacturing business with ten full-time workers.
1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
The Defendant did not pay 59,465,482 won, including the total sum of D wages of retired workers of Thailand who worked in the said workplace from August 25, 2014 to August 18, 2017, within 14 days from the date of retirement, without agreement between the parties on the extension of payment deadline, as shown in the list of crimes in the attached Table, as well as the total sum of 21,732,080 won of D wages of retired workers of Thailand.
2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.
The Defendant did not pay 15,647,381 won of retirement allowances of two retired workers, including 8,766,236 won of retirement allowances D retirement allowances of retired workers of Thailand who were employed in the said workplace from August 25, 2014 to August 18, 2017, within 14 days from the date of retirement without agreement between the parties on the extension of payment deadline, as stated in the list of crimes in the attached Table.
[2018 Highest 1079] No person shall employ any person who has no status of sojourn eligible for employment in the Republic of Korea.
Nevertheless, from January 2, 2018 to February 21, 2018, the Defendant employed the E (F remaining) and G (H remaining) as an employee, a foreigner of the mother’s nationality who did not have the status of sojourn eligible for employment in the Republic of Korea, as an employee, from January 2, 2018 to February 21, 2018.
Summary of Evidence
[2018 Highest 347]
1. Statement by the defendant in court;
1. A written statement of I;
1. A written petition;
1. Details of the non-payment [2018 Highest 1079];
1. Statement by the defendant in court;
1. Certificate of employment of foreigners, Thailand;