Text
The sentence of sentence against the defendant shall be suspended.
During the construction work of this case, the victim B shall be unpaid.
Reasons
Punishment of the crime
The defendant, as the representative of Naju-si Co., Ltd. D, is an employer who ordinarily employs 13 workers at the site of complete-gun E elementary school swimming pool construction work.
1. 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;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant is working in the above workplace from January 15, 2018 to July 31, 2019.
Wages 18,059,560 won of retired F was not paid within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.
2. An employer who violates the Guarantee of Workers' 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
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the defendant is working in the above workplace from January 15, 2018 to July 31, 2019.
The retired F's retirement pay of KRW 7,544,69 was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. A trade name statement (satisfy, respondent);
1. Business registration certificate;
1. Employment contracts;
1. Wage ledgers;
1. Application of Acts and subordinate statutes to average wages and retirement allowance calculation statement;
1. Relevant legal provisions concerning criminal facts, Articles 109 (1) and 36 of the Labor Standards Act that choose a penalty (the fact that wages are not paid within the payment deadline, the choice of fines) and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that retirement allowances are not paid within the payment deadline and the choice of fines);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. A fine of three million won to be suspended;
1. The Criminal Act for the detention of a workhouse;