근로자퇴직급여보장법위반등
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
To the extent that there is no concern about substantial disadvantage to the defendant's exercise of his/her right of defense, rhythizing the facts charged without changing the indictment and recognizing the facts charged.
The defendant is a representative of C Co., Ltd. (hereinafter referred to as "C") in B at the time of stay, who is engaged in the manufacture, sale, etc. of rubber products using ten full-time workers.
On October 20, 2010, the Defendant established a construction company which mainly engages in the business of installing sports facilities, painting, etc. using the name of G Co., Ltd. (hereinafter referred to as “G”) from 7-8 full-time workers to 902, Nam-gu, Incheon (the owner of the main office) with D as internal directors around October 20, 2010.
In the process, the Defendant invested KRW 160 million in the establishment fund, thereby acquiring 50% of the shares of G (Defendant 36%, F14%) in return for the input of KRW 160 million in the establishment fund, managing C’s manufacturing factory at the time of residence through CCTV while working in G office, and managing G in substance at the time of residence through CCTV.
Criminal facts
1. The Defendant violating the Labor Standards Act is working from October 4, 201 to September 30, 2013.
Wages of retired workers H, including KRW 30,000,000, in total, KRW 45,000 for four workers as shown in the attached list of crimes, were not paid within 14 days from the date of occurrence of the cause for payment, without any agreement between each party on the extension of the due date for payment.
2. The Defendant who violated the Guarantee of Workers' Retirement Benefits Act is serving from October 4, 201 to September 30, 2013.
The retirement allowance of H 5,853,480 won was not paid within 14 days from the date of occurrence of the cause for payment without an agreement between the parties to the extension of the due date.
Summary of Evidence
1. The Defendant made a final decision to operate G because he was disadvantageous to the president.