Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant, as the representative director of D Co., Ltd. in Kimpo-si, is a person who runs a metal-frame manufacturing business using nine full-time workers.
"2018 Highest 295"
1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;
Defendant 2 worked from April 1, 2008 to July 31, 2017 at the same place of business and retired from the said place of business 2,404,700 won of August 8, 2015, and 3,000,000,000 won of each month of wages for 20 months from September 1, 2015 to April 2017;
7. A total of KRW 72,404,690 per month of wages was not paid within 14 days from the date on which a ground for payment occurred, without an agreement between the parties on the extension of the payment deadline.
2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.
The defendant employed from April 1, 2008 to July 31, 2017 at the above workplace and did not pay KRW 30,455,597 of retirement pay of E retired retirement pay within 14 days from the date of occurrence of the relevant payment cause without an agreement between the parties on the extension of the payment date.
"2018 Highest 368"
1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;
Defendant 1 had worked from April 3, 2012 to September 30, 2017 at the same place of business, and had not paid monthly wage of KRW 3,33,333, and total of KRW 16,66,65 for five months from May 3, 2017 to September 2017, within 14 days from the date on which the cause for payment occurred without any agreement between the parties on the extension of the payment deadline.
2. Where an employer who violates the Guarantee of Retirement Benefits of Workers retires, the employer shall provide retirement allowances within 14 days after the ground for such payment occurred;