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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
The defendant is the representative of "S" R in the case of strike, who is an employer who employs 20 full-time workers and operates book business, etc.
[2014 Highest 336]
1. Violation of the Labor Standards Act;
(a) If an employer who has violated the advance notice of dismissal of a worker T intends to dismiss the worker, he/she shall give such advance notice at least 30 days, and if he/she did not give such advance notice 30 days, he/she shall pay not less than 30 days ordinary wages;
Nevertheless, on September 25, 2013, the Defendant dismissed his/her employees in the above workplace without prior notice of dismissal, but did not pay not less than 30 days’ ordinary wages.
(2)(2,000,000).(2)
An employer who violates the obligation to liquidate money or valuables U or T shall pay wages, compensations, and any other money or valuables within 14 days from the time when the cause for such payment occurred, unless the due date is extended by agreement between the parties concerned when the worker dies or retires.
Nevertheless, the Defendant, from February 23, 2010 to June 24, 2013, did not pay the total of 3,107,410 won of U wages of retired workers (= KRW 464,920 on April 2013 + KRW 1,590,990 on May 2013 + KRW 1,051,50 on June 1, 2013) within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
In addition, the Defendant, from January 1, 2013 to September 24, 2013, did not pay the total of KRW 2,600,000 (= KRW 1,000,000 for August 8, 2013 + KRW 1,600,000 for September 1, 2013) to the employees retired while working in the said workplace within 14 days from the date of 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 him retirement allowances within fourteen days after the cause for such payment occurred, unless the payment is extended by agreement between the parties concerned.