근로기준법위반등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is an employer who runs a passenger transport business chain with 135 full-time workers in Kuju-si, who employs 135 workers.
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the due date;
Nevertheless, the Defendant did not pay KRW 12,176,853, such as E’s annual unused allowance, etc., working as a driver from March 27, 1993 to March 24, 2015, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date, as described in the attached crime list, and did not pay KRW 54,019,713, including the annual unused allowance, etc., of five employees of the above company, within 14 days from the date of retirement, as described in the attached crime list.
2. An employer in violation of the Guarantee of Workers' Retirement Benefits Act shall, in case where an employee dies or retires, pay retirement allowances within 14 days from the date when any cause for such payment occurred, unless otherwise agreed by the parties concerned.
Nevertheless, the Defendant did not pay KRW 63,378,200 of E’s retirement pay, which he worked as a driver from March 27, 1993 to March 24, 2015, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date, and did not pay KRW 213,979,002 in total for five employees of the above company within 14 days from the date of retirement, as shown in the separate crime list.
Summary of Evidence
1. Partial statement of the defendant;
1. The prosecutor's statement concerning the F;
1. Each police statement of the E, G, H, and I;
1. Each written petition and each written statement;
1. A plan for the payment of retirement allowances and advance payment;
1.Each.