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(영문) 춘천지방법원영월지원 2020.12.22 2020고정97

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The Defendant, as the representative of the “C” in the Gangwon-si Group B, is an employer who runs a construction equipment operation business with two regular workers.

When a worker dies or retires, the employer shall pay the wages, retirement allowances, compensation, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant had worked from March 1, 2017 to June 24, 2020 at the said workplace and retired from the said workplace, and did not pay the D’s wages of KRW 500,000 for March 1, 2020, the amount of KRW 4,500,000 for April 20, 2020, the amount of KRW 4,500,500 for May 20, 2020, the amount of KRW 3,60,000 for the wages and retirement allowances of KRW 13,10,00 for the amount of KRW 14,617,629, 27,717,629 for the amount of KRW 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the details of payment, details of payment of wages, and calculation of average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;