근로자퇴직급여보장법위반등
Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
The defendant is the representative of C in Busan-gu, who has been engaged in the sale of construction-miscellaneous materials with two regular workers.
around January 15, 2013, the Defendant worked for the said company as an employee from December 14, 200 to December 31, 2012 and retired from the company, and appears to have worked for the employee E from August 2012 to December 31, 2012, the total amount of wages of KRW 6,50,000,000, retirement allowances of KRW 1,327,486, and the amount of retirement allowances of KRW 1,327,486, and from July 1, 200 to December 31, 2012, the Defendant appears to have worked for the retired employee E from office as an employee from July 1, 2012 to December 31, 2012, the total amount of wages of KRW 12,00,500,000,000 shall be written indictment, and the amount of wages shall be written in writing.
The retirement allowance of 2,042,287 won was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to report investigation results;
1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, respectively, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of the Guarantee of Workers' Retirement Benefits Act);
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of violating the respective Labor Standards Act and the crimes of violating the Guarantee of Workers' Retirement Benefits Act, and the punishment provided for each of the crimes of violating the heavier Labor Standards Act);
1. Selection of each alternative fine for punishment;
1. former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with the punishment stipulated in the violation of the Labor Standards Act with heavier punishment);
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;