근로기준법위반등
A defendant shall be punished by imprisonment for not less than eight months.
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 the user who actually runs original processing chain E in Yong-Namnam Cancer D.
1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay all money or valuables, such as wages, within 14 days from the date of retirement, unless otherwise agreed by the parties concerned;
From May 14, 2013 to September 9, 2014, the Defendant did not pay KRW 300,000,000,000,000,000,000 for the wages of July 2014, and KRW 3 million in August of the same year, and did not pay KRW 2,4,5,9,9,15, 17, 19, and 21 total eight employees of the above union as indicated in the attached list of crimes.
As a result, the Defendant did not pay wages within 14 days from the date of retirement of a worker without an agreement on extension of payment period between the parties.
2. An employer in violation of the Guarantee of Workers' Retirement Benefits Act shall, when a worker retires, pay all money or valuables, such as wages, within 14 days from the date of retirement, unless otherwise agreed by the parties concerned;
From May 14, 2013 to September 9, 2014, the Defendant did not pay the sum of KRW 36,52,897, as stated in the [Attachment Table] Nos. 2, 4, 5, 9, 15, 17, 19, and 21, including KRW 3,891,60, and 36,52,897, in total, eight retirement allowances for eight employees of the said union.
As a result, the Defendant did not pay retirement allowances within 14 days from the date of retirement of the employee without agreement on extension of payment period between the parties concerned.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning G;
1. H’s petition;
1. Application of the Acts and subordinate statutes to individuals’ details of unpaid money and goods, details of calculation of delayed payment of wages, whether interim settlement of retirement allowances is made, details of overdue wages, and
1. Relevant criminal facts and Articles 109(1) and 36 of the Labor Standards Act (each point of payment of wages), which are applicable to the applicable criminal facts and the selective punishment.