근로기준법위반등
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
The defendant guilty is the representative director of C, a corporation located in Nam-gu B at the time of port of port, who runs air transport business using 25 full-time workers.
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, retirement allowances, and other money or valuables within fourteen days after the cause for such payment occurred;
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay the total amount of KRW 87,413,300 in arrears of nine retired workers, as described in the attached Table Nos. 1, 4, 5, 8, 9, 12, 13, 16, and 18, including D’s wage 2,90,000 on September 22, 2018, which was retired from the said workplace on December 2, 2018, within 14 days from the date on which the cause for payment occurred, without an agreement on the extension of the due date between the parties.
2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the date of payment may be extended by agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay 27,45,094 won, including 5,539,810 won of D's retirement pay retired on December 22, 2018 at the same place of business, within 14 days from the date of occurrence of the reasons for payment without an agreement on the extension of the due date between the parties, as described in the attached Table Nos. 1, 4, 5, 8, 9 and 18.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Each police statement of the E, F, and G;
1. Application of Acts and subordinate statutes to each complaint, each petition, each confirmation document, such as telephone calls, and employment insurance history inquiry;
1. The fact that each of the corresponding provisions of the law regarding criminal facts is not paid: each; and