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수원지방법원 안산지원 2017.04.19 2017고단339

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The Defendant, as a manager of the C (ju) room in Ansan-si, was engaged in construction business by employing one full-time worker.

(a) If an employee dies or retires, the employer in arrear of wages shall pay the employee wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

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

Defendant 1 worked in the said workplace from April 14, 2010 to September 1, 2016, and did not pay D retirement wages of KRW 3,500,000 for August 2016, and without agreement between the parties on extension of the payment deadline, within 14 days from retirement.

(b) Where an employer who violates the guarantee of retirement benefits of an employee retires, the employer shall pay the employee a retirement allowance within 14 days from the date on which the ground for such payment occurred;

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

Defendant did not pay the said D retirement allowance of KRW 21,884,890 to the said D within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (Selection of Penalty Surcharge)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of not less than Article 334(1) of the Criminal Procedure Act (a) (a) of the Criminal Procedure Act (a) in which the Defendant owns a lending in his/her name and the damage has not been recovered, and the amount of the fine has been determined in consideration of the amount of damage