2015 Highest 3277,2016 Highest 444 (Joint) Labor Standards Act, workers' retirement,

Violation of the Benefit Security Act

A

Song-young (prosecution) and Kim Jong-sung (Trial)

August 18, 2016

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal History Office

The defendant is a representative director of (ju)D located in Ulsan-gu B, Ulsan-gu, who is an employer who operates an aircraft-using business using five regular workers.

1. From May 19, 2014 to September 15, 2015, the Defendant did not pay the total of KRW 28,332,832 to E’s wages and retirement allowances employed in the said workplace within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties concerned.

2. On August 31, 2015, the Defendant dismissed workers E who worked in the same workplace as of September 15, 2015 without giving 30 days’ prior notice of dismissal, and did not pay KRW 4,166,66 of ordinary wages for at least 30 days.

3. From October 14, 2013 to May 18, 2015, the Defendant did not pay the sum of 11,191,568 won of wages and retirement allowances to F retired from the said workplace within 14 days from the date of retirement, which is the date of the occurrence of the relevant payment cause, without an agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each written appeal, written confirmation of arrears, and written calculation of each retirement pay;

1. Article applicable to criminal facts;

Articles 109(1), 36, 110 subparag. 1, and 26 of the Labor Standards Act; Article 44 subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

The reason for sentencing under Article 62(1) of the Criminal Act is that the victims were suffering from considerable economic suffering because the overdue period for the victims of the same kind of violation of the Labor Standards Act is not specified, and that there is a history of violating the same kind of Labor Standards

○ However, the defendant does not seem to have avoided the payment of wages in bad faith, and is currently trying to pay the overdue wages by selling the assets of the company at present, the scale of total overdue wages, etc. as ordered by the disposition.

Judges Lee Jong-sung