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(영문) 대구지방법원 2018.02.07 2017고정1536

근로기준법위반등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a manager of the Daegu Dong-gu B and the third-story, who employs seven full-time workers and operates a manufacturing business (low temperature storage).

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;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant did not pay 7,951,380 won in total for three workers as stated in the list of crimes in the attached Form, including 2,650,000 won in March 1, 2017 of the worker D who retired from the above workplace on April 1, 2017 at the above workplace, without any agreement between the parties on the extension of the payment deadline, until 14 days from the date of retirement.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant did not pay 6,695,556 won, including 3,187,260 won of retirement allowance D's retirement allowance on April 1, 2017, including 3,187,260 won, to employees who were employed in the above workplace, for whom 14 days have passed from the date of retirement without agreement between the parties to the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each special judicial police officer with respect to workers D, E, and F;

1. Application of Acts and subordinate statutes to inquire about each average wages and retirement allowances, each statement of wages, each statement of retirement allowance calculation, each statement of retirement allowance calculation, labor contract, wages ledger, and transaction details;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) for facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits of respective Workers (a point of payment of retirement wages) of the same Act.