Text
Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is an employer who has engaged in construction business as a representative director of D Co., Ltd (40 regular workers) and E Co., Ltd. (10 regular workers) in the fourth floor of Gangnam-gu Seoul Metropolitan Government.
1. Regarding D Co., Ltd.
(a) When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Nevertheless, the Defendant served in the said workplace from July 16, 2012 to March 17, 2014, and did not pay KRW 14,812,130,000 to retired workers F, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date.
In addition, the Defendant did not pay the total amount of KRW 23,812,130 to two workers, such as wages, etc., within 14 days from the date of retirement, without agreement between the parties on the extension of the due date.
(b) An employer in violation of the Guarantee of Employment 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
Nevertheless, the Defendant did not pay the retirement allowance of KRW 5,779,177 to F, who was employed in the pertinent workplace from July 16, 2012 to March 17, 2014, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.
2. E Co., Ltd.
(a) When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Nevertheless, the Defendant served in the foregoing workplace from April 1, 2013 to March 31, 2014 and retired workers G.