beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant of "2017 Highest 2333" is a representative of "D" located in Nowon-gu in Seoul Special Metropolitan City, who employs 7 full-time workers and operates a restaurant.
1. When a worker dies or retires from office, the employer who has violated the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, unless agreed by the parties concerned;
The Defendant did not pay 26,981,580 won, including the total wage of 19,170,580 won from March to November 1, 2015 of workers E, who worked as a manager at the above restaurant from November 1, 2013 to November 18, 2015, within 14 days from the date of retirement without an agreement between the parties, as shown in the list of crimes in the attached Table, including the total wage of 19,170,580 won.
2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, unless agreed by the parties concerned;
The Defendant, from November 1, 2013 to November 18, 2015, did not pay KRW 5,026,949, in total, 8,430,099, including two employees’ retirement allowances, as shown in the list of crimes in the attached Table, as well as KRW 5,026,949, who worked as a manager at the above restaurant from November 1, 2013 to November 14, 2015.
The Defendant, on March 2015, 2015, paid 50% of the price when the delivery of the goods, such as the kitchen equipment, is completed, and paid 50% of the price after the month.
“A false representation was made.”
However, in fact, the Defendant had been at least KRW 100 million due to taxes in arrears, etc. from around 2011 in the state of bad credit standing at the time, and there was no intention or ability to pay the price even if the Defendant received the goods from the injured party due to the lack of economic conditions to the extent that the monthly salary of the employees could not be paid.
The defendant.