근로자퇴직급여보장법위반등
Defendant shall be punished by a fine of two million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Punishment of the crime
The defendant is an actual manager who operates the C English Research Institute, a general service company (English Research Institute), using 8 full-time workers in Seoul Special Metropolitan City, Nowon-gu 303 and 304.
1. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 2,769,060 of D’s wages in February 1, 2013, which worked from June 1, 2010 to February 28, 2013 at the above workplace, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on the extension of the due date for payment, and did not pay KRW 14,626,810, total wages of four workers within 14 days from the date of the occurrence of the cause for payment without agreement on the extension of the due date for payment between the parties as shown in the attached crime list.
2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay 8,250,000 won of retirement allowances for the same period from June 1, 2010 to February 28, 2013 at the above workplace within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the date of payment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police officer in relation to E, D, F, and G;
1. Application of each relevant statute;
1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act regarding criminal facts, the choice of punishment, and the choice of fines, respectively, under Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines;
1. The aggravated Criminal Act for concurrent crimes.