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As to the violation of the Labor Standards Act in the judgment of the defendant, the defendant is punished by imprisonment for three months, and it is against the Labor Standards Act.
Reasons
Punishment of the crime
The defendant is the representative of D in the 7th floor of C department stores in Daegu-gu, who employs 15 full-time workers and operates a restaurant.
1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;
Nevertheless, the defendant employed from July 1, 2015 to December 8, 2016 at the above workplace and retired from the above workplace on October 2016, 2016, and did not pay 21,502,00 won for total workers within 14 days from the date of each retirement, including 2,173,000 won, such as wage 1,773,000 won on November 2016, 201, and 2,173,000 won for each individual’s delayed payment, as stated in the details of the money and valuables in the attached Form.
2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and
Nevertheless, as above, the defendant did not pay 11,259,280 won of total three employees' retirement allowances within 14 days from each retirement day, which is the date of the occurrence of the payment cause, as well as 2.6 million won of retirement allowances E who retired from the above workplace, as described in the details of payment in arrears by each individual.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to F and G;
1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. Article 32 (6) of the Act on Corporate Governance of Financial Companies Handling Concurrent Crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 of the Criminal Act: