근로기준법위반등
1. The defendant shall be punished by a fine of four million won;
2. If the defendant does not pay the above fine, 10,000 won.
Punishment of the crime
The defendant is the representative of the KMAD, who is a user and operates a motor vehicle parts manufacturing business using 14 full-time workers.
1. When a worker dies or retires, an employer of money or valuables liquidation (Article 36 of the Labor Standards Act) shall pay 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 an agreement between the parties on special grounds.
Nevertheless, the defendant works in the above workplace from November 20, 2010 to September 11, 2019.
The retirement E’s wages of KRW 7,397,710, and annual paid leave allowances of KRW 2,943,920, and bonus 781,770, including KRW 2,220,650, and KRW 7,397,710 from June 2019 to September of the same year, did not extend the due date by an agreement between the parties, but did not pay within 14 days from the date of retirement when the cause for the payment occurred.
2. An employer who remains unpaid retirement benefits (Article 9 of the Guarantee of Workers' Retirement Benefits Act) shall, in cases where a worker retires, pay the retirement benefits within fourteen days after the cause for such payment occurred;
Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.
Nevertheless, the suspect is working in production service from November 20, 2010 to September 11, 2019 at the above workplace.
Retirement allowance of retired E 21,634,260 won was not paid within 14 days from the date of retirement on which the grounds for such payment occurred without extending the due date by an agreement between the parties concerned.
Summary of Evidence
1. Defendant's legal statement;
1. E’s written petition;
1. Details of the calculation of data, E-Annual allowances, and E-Retirement Allowance;
1. Application of statutes on the details of arrears;
1. Article 109(1), Article 36(1), and Article 44 subparag. 1, and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (not receiving Wages, etc.) concerning criminal facts.